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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Colorado, the court may consider a child's preference regarding which parent they want to live with primarily after a divorce or custody dispute. While there is no specific age set by statute, the child's preference is typically given more weight as the child gets older, especially when they reach their teenage years. However, the court is not bound to follow the child's preference. The primary consideration for the court is the best interest of the child, which encompasses various factors such as the child's emotional ties to each parent, the ability of each parent to provide for the child's needs, and the child's adjustment to home, school, and community. The relevant statutes can be found in the Colorado Revised Statutes under Title 14 (Domestic Matters), which serves as the state's family code. The court will balance the child's preference with these factors to determine the most suitable living arrangement for the child.

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Child custody

child's choice on where to live

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Colorado State Code

Colorado State Code

Child custody

child's choice on where to live

Articles