Does your child have a say during a Colorado divorce?
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Does your child have a say during a Colorado divorce?

On Behalf of | Aug 21, 2020 | Child Custody |

When parents get divorced, worries about sharing their parental rights and responsibilities are usually at the top of the list of their divorce concerns and priorities. As a parent with a strong bond with your children, it’s only natural to want to ensure that you get adequate parenting time and have a role in the lives of your children after divorce.

Many factors influence the outcome of a Colorado divorce, including how the courts split up parental rights and responsibilities. They will look at your schedules, your relationships with the children and even the child’s wishes. When will the child’s preferences play a role in the outcome of a divorce?

Colorado does not list a specific age for a child having a say

Some states arbitrarily set an age, like 14, when a child has the right to make their opinion known regarding parenting time in a divorce. Colorado does not place a specific age limit on a child’s preferences in a divorce.

Instead, the law states that the child must be mature enough to have reasoned and independent opinions on where they live and how much time they spend with either parent. While this is somewhat subjective, if your child is responsible enough to babysit their siblings, work a job or manage their own academic workload, they are likely responsible enough to have a say in where they live and who they spend the most time with after a divorce.

Still, it’s important to consider the stress of having your child make statements about their preferences in court. Accepting that you and your ex will have to share parenting time in most cases can help you develop more realistic expectations for the divorce and possibly reduce the stress on you and the children as a result.