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When Can the Court Interview My Child?

 

 

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.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Mesa AZ
3740 E. Southern Ave Suite 210
Mesa, AZ 85206
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/




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Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then turn left and Destination will be on the right.

We’re open 9 AM – 5 PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 or you can find us on Yelp.