Tag Archives: Teenager Wants To Live With Non Custodial Parent

There are many factors to consider if your teenager is serious about wanting to change his or her permanent living arrangement. Below are some of your options when a teenager wishes to live with a non-custodial parent.

What Is Physical Custody?

Also known as “parenting time”, this is the type of custody that decides which parent the child lives with majority of the time. Courts usually grant physical custody to both parents on a joint and equal basis absent parental fitness issues.

Meanwhile, if the court has already appointed a physical custodian, then the other parent might get legal custody. It’s the right of a parent to make decisions about the child’s welfare, education, health, religion even when the child is not living with him or her.

When Is A Teenager Able To Choose Their Custodial Parent?

There is no specific age where a child’s opinion becomes essential. However, teenagers may be able to express themselves better because of their maturity and life experiences when compared to younger children.

For instance, the Arizona courts will allow a child’s custodial preferences when he or she has reached a “sufficient age to form an intelligent preference.” The courts in Arizona call for no specific age to allow the child’s preferences, as judges will make case-by-case judgements based on the situation presented.

Modifying Custody Arrangements

Parents can make their own living arrangements based on the wishes of their teenager(s). These arrangements, however, are not enforceable, recognized by the Arizona courts, and the child support will not be reversed/altered. If both parents agree that the new living arrangement is working well for everyone, they may want to consult with a family law attorney in an attempt to make the arrangement permanent.

One or both parents do have the right to file a petition in order to modify their current custody agreement. In most cases, having an experienced lawyer involved in the process makes it easier in the event of conflict between the two sides. The lawyer will be there to help resolve any issues as a new plan is implemented. The petition to modify with the proper supporting documentation can be submitted and approved by a judge. The judge may then issue the new order.