Child Support and Parenting Time
In the State of Colorado, there is no statute that references a specific age when a child can determine the parent with whom they wish to live. A parent can file a motion with the Court requesting that a child's wishes be considered by the Court, but there is no guarantee the Judge will rule in favor of the child's request. To what extent the Court takes the child's wishes into consideration completely depends on the child' maturity, the reasonableness of the request, and to what extent the Court perceives the child's wishes as his own and not a request that has been influenced by the parent. When issues regarding parenting time are under consideration, the Court seeks to rule in regard to what the Court considers to be the best interests of the child.
Who Decides?
A child's preferences regarding parenting time can be considered by
the parents or the significant adults in the child's life and become
part of the parenting schedule if the decision makers are in agreement
with the child about his or her future living arrangements. A joint agreement
between the parents is the most common way to create a parenting plan,
but when parents cannot agree, the courts will rule under the best interests
of the child statute.
Does the Court Consider the Child's Wishes?
When the parents cannot agree on a parenting schedule, the issue is moved
to domestic court, where the living arrangements for the child are decided
by the judge. In cases where a child has expressed his or her wishes regarding
parenting time, the judge is not required to interview the child, but
may choose to consider the child's preferences. A child's request
may be of greater interest to the court if the judge perceives the child
to be mature enough to understand his or her current circumstances, but
even then, many judges and child psychologists believe that children should
not be asked choose between their parents. To what extent the Colorado
Court takes the wishes of the child into consideration will wholly depend
on the child's maturity, the reasonableness of the child's request,
and to what extent the court perceives the child's wishes as his own
and not a request that has been influenced by the parent. The judge's
potential disregard for a child's wishes is more likely when the judge
suspects that the child's request to reside with a particular parent
was coerced by the child's mother or father. In such cases, the judge
may request a psychological evaluation of the child to determine his or
her needs. Although a child's wishes regarding parenting time may
not be addressed under Colorado law, the Colorado courts ruling will be
based on the best interests of the child statute.
