WHEN DO KIDS GET TO CHOOSE?

How old does my child have to be before deciding where to live?

Of all of the parenting questions that come in our consultations, this is the most common: “at what age does my child get to choose which parent she lives with?” The answer to this question varies state to state, but in Colorado the answer is “never.” The law does not provide a specific age for a child to be able to choose which parent they live with. In fact, until he or she reaches the age of majority, your child remains under the jurisdiction of the Court when it comes to parenting time.

However, this does not mean that your child’s opinion does not matter. The law says that if a child has “reasoned and independent preferences,” then their preferences may be considered by the Court when making a parenting plan. Therefore, if your child has come to his or her own conclusion based on real factors (i.e. not that a parent has promised them a pony), then their wishes get weighed in.

Children are very rarely interviewed by a Judge directly, so how do we determine what their wishes are? That is when a CFI or a PRE comes into the equation. If the parents disagree as to what the child’s wishes are, a neutral third party can interview the child and report those findings to the Court.

Your child’s wishes should be taken into consideration, but the law does not allow for children of a specific age to have a say in their parenting time. It is all based on the individual child and if he or she is able to express why they prefer a particular parenting time. If he or she has independent reasoning for why a parenting plan is preferable, it is likely the Court will weigh that when determining what parenting plan is in the best interests of your child. To discuss your particular situation and whether your child should have a say in the parenting plan, contact us today.