Type of Dr? (age determination by a judge)

[abrandt]

I was told on here that in AZ there is no age determination by a judge if a child wants to live with the opposite parent and that they just would need to be evaluated by a Dr.. (Can`t be as easy as that)

1st off is this true? (would look it up but don't even know where to begin)

2nd What type of Dr would need to see them? and the results of the case?


TIA!!

[sandyclaus]

Originally Posted by abrandt I was told on here that in AZ there is no age determination by a judge if a child wants to live with the opposite parent and that they just would need to be evaluated by a Dr.. (Can`t be as easy as that) 1st off is this true? (would look it up but don't even know where to begin) 2nd What type of Dr would need to see them? and the results of the case? TIA!!

If it was as easy as getting a doctor to examine them and say it was ok for them to live with the other parent, all NCPs would do that.

There is a lot more involved in change of custody than that. You would need to present evidence on why a change in custody would be in the child's best interest. The child, as a general rule, doesn't have a say in the matter. When given an opportunity, a lot of minors would choose to live with the NCP simply because things might be easier or more enjoyable there.

Bottom line is that a change in custody would only be granted in the event that there was a significant change in circumstances upon which the original custody agreement was based. Either that, or because the CP is agreeing to allow a change in the custody agreement - which I'm going to go out on a limb and assume that is NOT the case.

[abrandt]

She lost her job several months ago and is relying on her parents to pay the bills is just one of them plus she is scared to death to go home, Literally starts shaking and saying please no please no and will cry for several hours when she does have to go home so I am not sure what to think.

[sandyclaus]

Originally Posted by abrandt She lost her job several months ago and is relying on her parents to pay the bills is just one of them plus she is scared to death to go home, Literally starts shaking and saying please no please no and will cry for several hours when she does have to go home so I am not sure what to think.

By "she" lost her job, I am assuming you mean the CP? She is providing for the child, so that is not sufficient to gain custody.

And by "she is scared to death to go home", do mean the child? Why would she be scared to go home?
What you think is going on may not be the case at all. You need to get some solid facts or evidence that the child is in physical danger of injury or abuse in order to justify a change in custody. If you have valid concerns (and not just a hunch) for your child's safety, then you should contact Child Services and have them investigate the situation.

[path]

Originally Posted by abrandt I was told on here that in AZ there is no age determination by a judge if a child wants to live with the opposite parent and that they just would need to be evaluated by a Dr.. (Can`t be as easy as that) 1st off is this true? (would look it up but don't even know where to begin) 2nd What type of Dr would need to see them? and the results of the case? TIA!!

A few things I know.
First. I once heard that my child, at the age of 12 could go before a judge and tell that judge which parent she wanted to live with and he would grant her wish.
I spoke with an attorney and this is false.

Second: My kids refer to visits with their mom as "going to Disneyland Arkansas". One parent gets to be the "fun one" and one is always the "ruling one". I get to be the ruling one.

Third; My daughter once wrote in her diary that she "hoped she could be there and judge me when I went before God on judgement day.." She also wrote that her stepmother was a serpent and she prayed for fairy wings to grow out of her back so she could become a real fairy.

Whats my point? Well kids always want to go with the fun parent if given a choice, and their views are not always what is best for them. Kids make up things too so its a fine line between truth and fiction. If they dont want to do something, they can and will make up all sorts of things to tell people or do in order to keep from doing it. Take everything with a grain of salt and let the judge determine truth from fantasy.
Good luck

[Friend In Court]

Originally Posted by abrandt I was told on here that in AZ there is no age determination by a judge if a child wants to live with the opposite parent and that they just would need to be evaluated by a Dr.. (Can`t be as easy as that) 1st off is this true? (would look it up but don't even know where to begin) 2nd What type of Dr would need to see them? and the results of the case? TIA!!

If a child were able to make the appropriate decisions for its life there would be no need for the court to keep jurisdiction until the age of 18. A 12-year old is impulsive, usually cannot see beyond next week and has little sense. Thank heavens for parents or else the species probably would not survive puberty.

A judge will be the final arbitrer of with whom the child lives. Forget the 'doctor' advice, too. What the court will look at when a modification is before it are; how the child is doing in school, are its physical, emotional needs being met. Is the parent providing proper guidance as well as the necessities. And if it is the child agitating that is motivating the other parent to apply to modify, the 'why.' Rebellion against house rules? If they are reasonable, the court will most likely agree with the custodial parent.

Many courts have caseworkers, social workers, who meet with you and the child, the other parent as well, do home visits and then make recommendations. The court considers the report the caseworker makes as one of the factors to make its decision. Neither the child's wishes nor a caseworkers report, however, are controlling. The judge makes the final decision.

At 12 years old your son is probably going through puberty when hormones can make a previously maleable, obedient, charming child into a rebellious creature straight out of the Exorcist. You need to investigate what the problem is between you and your son so you can resolve it before it becomes an expensive, ruinous court battle. Judges usually only consider a child's wishes starting at age 14. And even then, the child's wishes are not controlling -- just one factor, for they are still a child and the adults in the picture have better judgment -- especially the judge.

Originally Posted by abrandt She lost her job several months ago and is relying on her parents to pay the bills is just one of them plus she is scared to death to go home, Literally starts shaking and saying please no please no and will cry for several hours when she does have to go home so I am not sure what to think.

If you are the non-custodial father who is witnessing the child's behavior first-hand, the first reaction - one would think - would be to get the child into counseling to find out what's going on a mom's and why she's so afraid to go home.

I may be going out on a limb here, but that is my gut reaction first and foremost.

Many people are confused by the child's age connection to "choosing to live where they want'. It's incorrect that there's a age a child reaches where she can go tell a judge where she wants to live and a judge rules on custody based on that alone.

What is true is that in many states there is an age children reach when they are allowed to enter a family court and give testimony. That is the extent of a child's powers of persuasion in a family court.

The judge can take it into consideration or reject it out of hand. It's entirely up to the judge, and not the child which parent the child gets to live with.