questions & answers

Question: My husband of 14 years abandon my daughter and I and moved out of state without warning. I am getting ready to file for divorce. My daughter, who is 13, states that she does not want to have any visitation with her father of any kind. She is willing to state that in court or in writing or whatever is required. She is determined to have no communication with her father. Is there an age where a child can make this decision for themselves? She is not fearful of him she just wants nothing to do with him since he abandon her.

Answer:

You may want to review the laws in Title 25 of the Arizona Revised Statutes (A.R.S.). A.R.S. § 25-403 discusses child custody determinations. That statute says:

A. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including:

1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to the custodian.
3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.
4. The child's adjustment to home, school and community.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.
7. Whether one parent, both parents or neither parent has provided primary care of the child.
8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
9. Whether a parent has complied with chapter 3, article 5 of this title.
10. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

B. In a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.