Can a Child Speak at a Custody Hearing in Arizona?
Short answer: Sometimes, under certain conditions, but often indirectly. It depends on the child’s maturity, the court’s discretion, and whether there are concerns about the child’s welfare, among other things. Arizona law does not guarantee that a child will testify in open court or decide where they want to live; instead, the child’s preferences may be considered if the child is of suitable age and maturity.
What the Law Says
Here are the relevant statutory and procedural sources in Arizona:
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A.R.S. § 25-403 – This is the main statute for “Best Interests of the Child.” Among the factors the court considers is “the wishes of the child as to the custodian,” but only if the child is of suitable age and maturity. state48law.com+2 Arizona Law Group+2
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A.R.S. § 25-405 – Gives the court discretion to conduct an in chambers (private) interview with the minor child to ascertain their wishes regarding both custody (“custodian”) and parenting time. Arizona Law Group
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Arizona Rules of Family Law Procedure, Rule 12 – Mirrors the statute by allowing the child’s in-camera (private chamber) interview, with the record preserved (e.g. recorded or transcribed). Arizona Law Group+1
So legally, it is possible for a child to be heard in private, and for that input (their preference) to factor into custody/parenting time decisions, but only if the court finds it appropriate (based on age/maturity etc.).
What Usually Happens (In Practice)
In practice, here’s how child input often plays out in Arizona custody hearings:
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Court-Appointed Advisors or Best Interest Attorneys
In many cases, rather than the child speaking directly in open court, a court-appointed advisor, guardian ad litem, or a Best Interest Attorney may interview the child. These professionals prepare reports or recommendations summarizing what the child says, how mature they seem, how well they understand the situation, etc. thomaslawoffice.net+2 Arizona Law Group+2 -
In Camera Interviews
The judge may conduct or order a private interview of the child (outside of both parents’ presence, or in the judge’s chambers). This is typically recorded. It gives the judge a chance to hear from the child in a less intimidating environment. But this is discretionary, not automatic. Arizona Law Group+1 -
Open Court Testimony Is Rare
Having a child testify in open court (i.e. in front of both parents, lawyers, Everyone) is uncommon. There are concerns about the emotional impact, the risk of coaching, or influencing the child. Judges are cautious and they want to protect the child’s welfare. thomaslawoffice.net+2 state48law.com+2 -
How Much Weight the Child’s Preference Gets
If a child’s preference is brought out (by interview, report, or testimony), it is just one factor among many in the “best interests of the child” analysis. Age, maturity, mental and physical health, parental relationships, school/community stability, interaction with siblings, and ability of each parent to support frequent meaningful contact are also factors under A.R.S. § 25-403. Arizona Law Group+2 Gillespie, Shields & Taylor+2
What “Age and Maturity” Mean
There’s no fixed age at which a child always gets to express a preference, but here’s how courts typically evaluate this:
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Around 12 years old or older is often a threshold for more weight being given, if the child demonstrates sufficient maturity. That said, younger children might be interviewed if circumstances warrant it (for example, if there’s a custody evaluator or advisor who can assess the child’s capacity. ) Singer Pistiner, PC+2 thomaslawoffice.net+2
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Maturity involves not just the ability to form a preference, but to express it intelligently (understanding what’s at stake), free from undue pressure, and in consideration of the possible effects of the decision. Arizona Law Group+1
What It Means for You / How to Prepare
If you are a parent, guardian, or interested professional, here’s what you can do to make sure a child’s voice is heard appropriately:
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Request an in-camera interview if you feel the child is mature enough and has a reason to speak privately. You may need to show why that makes sense.
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Consider requesting a Best Interest Attorney or a Court-Appointed Advisor, especially if the case is complex or contested. Their reports/interviews can bring the child’s feelings and wishes into the record without putting the child in open court.
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Be mindful of coaching issues: ensuring that a child’s preference is genuinely theirs (not influenced by a parent or others) is important. Courts are sensitive to that.
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Prepare for the possibility that even if the child expresses a preference, it might not be followed, if, for example, it conflicts with the child’s safety, stability, or best interests per statutory factors.
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Support the child: emotionally preparing them, explaining in age-appropriate ways what is happening, so that they are more likely to express themselves clearly and thoughtfully if asked.
Arizona Custody: What Judges Look For & How the “Child’s Preference” Factor Works
Below are the key items a judge in Arizona will usually consider (or require) when evaluating a child’s preferences, along with what you typically need to show or prepare to ensure that preference is heard and weighed properly.
| What the Judge Considers / Requires | What That Means / How to Prepare |
|---|---|
| 1. Best Interests Standard (A.R.S. § 25-403) | Judges always use the “best interests of the child” standard. Among many factors, the statute requires consideration of “the wishes of the child as to legal decision-making and parenting time” if the child is of suitable age and maturity. Arizona Legislature |
| 2. Suitable Age & Maturity | There’s no set age in the statute. Courts assess case-by-case whether the child can meaningfully understand what is at stake, express preferences reasonably, and communicate without undue pressure. Teenagers’ preferences typically carry more weight. Willison Law, PC+3 Arizona Law Group+3 state48law.com+3 |
| 3. In-Camera (Chambers) Interviews under Rule 12 / A.R.S. § 25-405 | The court may interview the child privately (i.e. not in open court, often in chambers) to hear their wishes re: both parenting time and legal decision-making. That interview must be recorded or otherwise made part of the record. Westlaw Government+3 Arizona Law Group+3 sc.pima.gov+3 |
| 4. Court Appointed Advisor / Best Interest Attorney / Guardian ad Litem | In more contentious cases or when there are concerns (safety, capability, abuse, etc.), judges often appoint neutral professionals who assess the child’s preferences among other factors. These professionals interview the child, report to the court. Their input can help bridge the gap when the child cannot or should not testify directly. thomaslawoffice.net+3 Arizona Law Group+ 3sc.pima.gov+3 |
| 5. Avoiding Parental Coaching or Influence | Courts are alert to whether a preference seems coached, manipulated, or unduly influenced by one parent. If the child seems to simply repeat what they were told or “expected” to say, that preference may be given less weight. AZ Criminal and Family Law+1 |
| 6. Reasoning Behind Preference | It’s not enough that the child says they prefer one parent over the other. The judge looks at why — is it because of stability, emotional support, school, community, sibling relationships, etc., or because of superficial things (who has more toys, etc.). The more substantive and enduring the reasons, the more weight given. Willison Law, PC+2 Need a Good Divorce Attorney in Utah?+2 |
| 7. Whole Record / Other Best-Interest Factors | The child’s preference is just one factor. The court will also weigh many other elements: physical and emotional health of parents and child, home situation, community/school stability, relationship with parents & siblings, parental ability to provide meaningful contact with the other parent, past care, any history of abuse or violence, etc. Arizona Legislature+2 sc.pima.gov+2 |
| 8. Record of the Child’s Statement | If there’s an in-camera interview or other interview, it should be recorded or transcribed. That way there’s a record for the judge to refer to and for possible appeal. Courts also decide whether parts of that record are sealed for the child’s protection. Arizona Law Group+1 |
| 9. Risks & Emotional Impact | Because testifying in open court is stressful, the courts prefer private interviews. Judges are mindful of the emotional risk to the child, so minimizing exposure is a factor. Arizona Law Group+2 My AZ Lawyers+2 |
| 10. Who Requests or Proposes the Interview | Sometimes a parent requests the interview; sometimes the court orders it on its own. Having a lawyer request it, or showing why it is especially appropriate in your case (child seems mature, concerns about strong preference or emotional stress) helps. Conciliation Court or Court Appointed Advisors are involved. state48law.com+2 sc.pima.gov+2 |
Conclusion
A child can have a voice in Arizona custody cases, especially when they are mature enough, but they don’t automatically “take the stand.” The input is usually indirect (through an interview, advisor report, or statement), and open-court testimony is rare. The court has broad discretion, and the guiding principle in all these decisions is what serves the best interests of the child.
Child Custody Lawyers In Scottsdale, AZ
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