Are There Certain Situations Where the Court Would Not Grant 50/50 Custody? Although Arizona law prefers a 50/50 parenting plan as the default option, some circumstances can prompt the court to pursue an alternative arrangement. As always, the child's best interest is the overarching concern.
Legally, Your Child Can Refuse Visitation at Age 18 When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
The first thing you should do when a child refuses visitation is to notify the other parent as soon as possible. Let them know what's happening, and explain the situation as clearly as possible. Some custody orders include preferred communication methods, and you should notify them via that method when possible.
Chances of getting full custody in Arizona Securing sole custody can be difficult if the youth's mother or father objects. Before you seek this type of order from the court, it's wise to speak with an experienced Arizona child custody lawyer about your chances.
At What Age Can a Child Refuse to See a Parent in Arizona? A child can only refuse a court-ordered visitation or custody schedule when they turn 18. Before that time, the court may take into account a child's preference, but it is not required to.
Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent. Technically, any child who is not yet a legal adult isn't allowed to refuse visitation. In practice, however, the situation is a bit murkier than that.
Specifically, the basis for the emergency child custody orders must establish that parenting time with a parent will cause an imminent risk of serious physical, emotional, or psychological harm.
As in all Arizona custody matters, the family court judge is guided by what is in the best interests of the child. When the primary residential parent decides to move away, the remaining parent is entitled to 60 days' notice before the child may be relocated out-of-state or over 100 miles in-state.
The court shall consider all relevant factors, including: The past, present and potential future relationship between the parent and the child. The interaction and interrelationship of the child with the parent or parents, the siblings and any other person who may significantly affect the best interests of the child.