It’s a common question we hear from parents: Can my child refuse to go to the other parent’s house? Whether you’re dealing with a teenager who’s suddenly resistant to parenting time or a younger child who struggles with transitions, it’s important to understand what Arizona law says about child preference.
While a child’s wishes can be considered, there’s no magic age in Arizona where a child gets to make that call. Parenting time is governed by court orders and children—regardless of age—don’t get to override those orders on their own. That said, the older and more mature a child is, the more weight their opinion may carry.
How Arizona Courts View Child Preference
Under Arizona law (A.R.S. § 25-403), courts can consider a child’s wishes when deciding or modifying parenting time. But this is just one factor in a larger analysis. Judges also look at:
- The child’s relationship with each parent
- The child’s adjustment to home, school, and community
- The physical and mental health of all parties
- Each parent’s ability to support the other parent’s relationship with the child
If a child is old enough to form a thoughtful opinion, the court may consider what they want. But it doesn’t guarantee that the judge will go along with it. The decision always comes down to what’s in the child’s best interest—not just what they say they want.
Does Age Matter? How Preference Is Weighed Over Time
So, at what age does the court listen? There’s no set number in Arizona law. However, the older and more mature a child is, the more weight their preference might carry.
- Younger children (under 10): Courts are less likely to put much stock in their preference unless there’s a clear reason—such as fear, anxiety, or safety concerns.
- Preteens and teens (11 to 13): Judges may start to take their input more seriously, especially if the child can express their thoughts clearly and show insight.
- Older teens (14 and up): Their opinions tend to carry more weight, especially if they’ve consistently expressed their preference over time.
Still, even a 16-year-old can’t unilaterally decide not to visit a parent. The parenting plan remains legally binding until it’s modified by the court.
What Happens When a Child Refuses Parenting Time?
It’s not uncommon for parents to find themselves stuck when an older child doesn’t want to go to the other parent’s home. Maybe the child says they’re uncomfortable. Maybe they just don’t want to go. Regardless of the reason, this can be a tough spot.
If you’re the parent with primary custody, you’re still expected to follow the parenting plan. That doesn’t mean dragging a kicking teenager into the car. But it does mean you should:
- Encourage your child to comply
- Avoid speaking negatively about the other parent
- Keep communication respectful
- Document the refusal and your attempts to follow the order
Judges understand that teens can be hard to manage, but they also expect parents to make an honest effort to uphold the court order. If the situation continues, it may be time to seek legal relief.
Modifying Parenting Time Based on a Child’s Preference
If your child consistently resists visits and you believe the current schedule no longer works, you can ask the court for a modification. Arizona law allows parents to request changes when there’s been a substantial and continuing change in circumstances.
That might include:
- Your child growing older and expressing consistent, reasonable preferences
- Ongoing tension or conflict that affects the child’s emotional well-being
- A significant change in work schedules, school needs, or living situations
The court will still evaluate the request using the best interest standard. It may interview the child privately or appoint a representative to gather information. We can help you prepare a strong petition and make sure the court hears your child’s voice—without putting your child in the middle of a legal dispute.
Working Through Family Conflict With Support
When parenting time conflicts arise, it’s often a symptom of a larger issue. Whether the child is reacting to co-parenting stress, changes at home, or emotional struggles, it helps to get support.
Here are a few ways to address these challenges:
- Family counseling: A neutral setting can help kids and parents talk things out.
- Parenting coordination: A trained professional can help manage high-conflict cases.
- Mediation: This allows both parents to reach a compromise without going back to court.
Working through these concerns shows the court that you’re trying to do what’s best for your child—and that can go a long way if a legal modification is eventually needed.
Helping You Handle a Difficult Situation
There’s no one-size-fits-all answer when a child starts resisting parenting time. While Arizona courts don’t allow kids to simply opt out, their voice can be part of the conversation—especially as they mature. If you’re facing challenges with your parenting plan, Cohen Family Law can help. Contact us today so that we can work together to find a solution that supports your child and protects your parental rights.
