Wendy R Hernandez’s Answers

Wendy R Hernandez

Phoenix Family Law Attorney.

Contributor Level 4
  1. Can a non-custodial parent get custody if he moved out of the state after we divorced

    Answered over 4 years ago.

    1. Wendy R Hernandez
    1 lawyer answer

    If you and your ex are unable to see eye-to-eye on this issue, your ex could file a Petition to Modify Child Custody, asking the judge to decide the issue for you and him. Anytime a matter is left to a judge, it is impossible to predict the outcome. So, in answer to the question about whether your ex could get physical custody, the answer is "maybe". In answer to your question about whether you are "in the wrong", that question in and of itself demonstrates you are examining your conscience...

  2. What age do children get to choose who to live with?

    Answered over 4 years ago.

    1. Jeffrey T Karp
    2. Henry Lebensbaum
    3. Wendy R Hernandez
    3 lawyer answers

    I often meet with parents who are under the impression that a child is able to make his or her own decision about who to live with at a certain age. In Arizona, at any age, "the wish of the child" is only one factor a court considers in determining what type of custody and parenting time arrangement is in the best interest of the child. Although judges start giving the wishes of a child more weight the older the child gets, the child's wish alone (at any age) is rarely the only factor the...