Divorce is challenging for everyone involved, especially for children. As parents navigate the complex process of divorce, one of the most sensitive issues is determining child custody arrangements. Many parents wonder if children can choose which parent they want to live with. In Colorado, while a child's preference may be considered, it is not the sole factor determining custody arrangements. Understanding the legal framework and how courts make these decisions is crucial for any parent going through a divorce.
Understanding the Best Interests of the Child Standard 
In Colorado, the primary consideration in any child custody case is the child's best interests. The court evaluates several factors to determine what arrangement best serves the child’s physical, emotional, and psychological needs. The child’s wishes are one of these factors, but they are weighed alongside others, such as:
- The relationship between the child and both parents.
- The ability of each parent to provide for the child’s needs.
- The child's adjustment to their school, home, and community.
- The mental and physical health of the parents and child.
- The ability of each parent to encourage a good relationship between the child and the other parent.
When Can a Child’s Preference Be Considered?
Colorado law does not set a specific age at which a child can decide where they want to live. Instead, the court considers the child’s maturity to express an independent and reasoned preference regarding the parenting time schedule. The court may give more weight to the opinions of older children, but there is no strict rule. The judge will also consider whether the child’s preference appears to be influenced by a parent or other external factors, which could diminish the weight of the preference.
How the Court Evaluates a Child’s Preference
When a child expresses a preference, the court must determine whether it aligns with their best interests. A child’s wishes may carry more weight if they can articulate their reasoning and demonstrate a mature understanding of the situation. However, if the child’s preference seems to be based on less consequential reasons, such as wanting to live with a parent who has fewer rules, the court may give it less consideration.
The court may also appoint an expert evaluator– a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE) to:
- Assess the child’s preference (if any) and the family dynamics.
- Provide the court with an objective report.
- Include recommendations based on the child’s preference (if sufficiently mature, independent, and reasoned) and the overall circumstances.
The court could also appoint a Child Legal Representative who could provide services similar to those above but as a legal advocate (rather than an expert) who represents the child as their attorney.
Parental Influence and Its Impact on Custody Decisions
One important factor the court considers is whether a child’s preference is genuinely their own or if it has been influenced by one parent. In cases where one parent has attempted to manipulate or pressure the child into choosing them over the other parent, the court may view this negatively. It could even alter custody arrangements to protect the child from such behavior. The court may also investigate the methods used by the influencing parent, such as making negative remarks about the other parent, limiting communication, or offering inappropriate rewards or punishments. Such actions can significantly undermine the parent’s credibility. The goal is to ensure that the child’s decision is:
- Free from coercion
- Genuinely reflective of their preference
- Based on an honest understanding of the situation
- Aligned with their overall best interests
Can a Child's Preference Change a Custody Order?
Under Colorado law, a child’s preference alone cannot modify an existing custody order. Even if a child expresses a desire to live with the other parent, this does not automatically alter the custody order. For the court to modify an existing custody order, there must be a substantial change in circumstances that makes the proposed modification in the child’s best interest, or there must be sufficient evidence that the current situation puts the child at risk of physical danger or substantial impairment of emotional development.
If a child chooses to live with the other parent without a formal modification of the custody order, the parent with whom the child is living could be in violation of the existing order. This could result in legal consequences for that parent, as the original custody order remains legally binding until officially changed by the court. In order to avoid potential violations and ensure the child’s safety and well-being, it is crucial for parents to seek a legal modification by court order if there is a legitimate reason for altering the custody arrangement. Even if both parents agree to the modification, they should submit the agreement in writing for the court to adopt it as an order.
The Role of Johnson Law Group in Custody Matters
Navigating child custody decisions can be stressful, especially when considering the child’s preferences. Our dedicated family law attorneys at Johnson Law Group help Colorado residents understand their rights and options. We can guide you through the legal process, ensuring that your child’s best interests are at the forefront of any custody decision.
Our team understands the intricacies involved in custody cases and is skilled in presenting evidence and arguments that promote your child’s best interests. Whether you are seeking to establish custody or modify an existing arrangement, Johnson Law Group is here to advocate for you and your family by:
- Providing compassionate and effective legal representation.
- Ensuring that the child’s best interests are prioritized.
- Supporting you through every step of the custody process.
Protecting Your Child’s Best Interests
While a child’s preference in custody matters can play a role in the court’s decision, it is just one piece of the puzzle. Colorado courts prioritize the child's overall well-being and consider multiple factors to ensure the custody arrangement serves their best interests. If you are going through a divorce or custody dispute, it is essential to work with a family law attorney who can help you navigate the legal system and protect your child’s rights. Contact us today at (720) 744-3513 to schedule a FREE consultation and discover how we can help with your custody case.
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