What to do if my parents got a divorce and my mom has me right now but I want to live with my dad?

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What to do if my parents got a divorce and my mom has me right now but I want to live with my dad?

It was not court ordered who got who; they choose who got who. I’m 15. Can I choose who I want to live with?

Asked on December 31, 2012 under Family Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A minor child cannot choose with which parent they want to live.  A court will look to many factors - the child's home environment, the parents respective incomes and education, the child's relationship with each parent, the reason for wanting the change, etc.

That having been said, while a child cannot outright choose where they want to live, if they over the age of 12, their preference is given consideration and is one of the factors that the court considers in making its determination (the older the child, the more weight it is given).


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