[embedyt] https://www.youtube.com/watch?v=V4BYYHIwamA[/embedyt]
As the best child custody lawyers in Arizona we often get asked, "when can the court interview my child?" Hi, I'm Kevin Jensen with the Law Offices of Kevin Jensen. I want to talk to you about an issue that comes up often in child custody cases, and that is a parent coming into the office and saying, “I want my child to be able to tell the judge what he or she wants. Can we ask the court to interview my child?” Unfortunately, it's not a clear-cut answer. It is certainly the case that, in Arizona, a court can consider the wishes of a child based on their age and maturity. But it's also important to understand that judges are very reluctant to involve kids in court cases. In most cases, if your child is 10 years old or younger, it's probably unlikely that a judge is going to allow that child to be interviewed. Most judges feel that that is just simply not old enough for a child to understand really what they want or the consequences of what they want.
Now, of course, the judge can certainly consider the maturity of your child. So, if you believe that your child is particularly mature for 9 or 10-year-old, that's something you can certainly argue to the court. In most cases, if a child is going to be interviewed, they're going to be 12 or 13 years old or older. And usually, there has to once again be some sort of substantial change in circumstances that necessitate you coming back to court and asking the judge to either change your custody orders, or if you're at the beginning of a case, for example, in divorce in establishing your parenting plan. In addition to changes in circumstance, there are specific cases where a judge may allow a child to be interviewed. That could be in a case where there's been allegations of abuse. It could be a case involving allegations of domestic violence or substance abuse. But once again, keep in mind that judges are very hesitant to involve kids in cases in any form, including being interviewed.
For the most part, teenagers are where judges begin allowing kids to be interviewed. With that being said, we do understand that there are times that it's appropriate for children to be interviewed and have their wishes known. So, if you believe your case involves a situation where you believe your child should be interviewed, please contact us here at the Law Offices of Kevin Jensen and schedule a time to meet with one of our attorneys. We're confident we can provide you the guidance and advice you need to know whether or not your case is appropriate for a child interview. Thank you.
For more videos answering common child custody questions click here.
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