Legal Question in Family Law in Colorado

Re: Can 15yr old decide which parent to live with if have joint custody?

Thank you for contacting us with your legal questions. My name is Hollie Hinton and I am an attorney at The Harris Law Firm, P.C.

The standard for changing custody is extremely high. However, depending on the circumstances, a Court might be willing to change the custodial parent. Whether or not your son's opinion will weigh on the court's decision depends on his age, maturity, and ability to make a reasoned decision. Of course, in a situation like this, the Court would most likely appoint a child and family investigator to get in-depth insight into what is going on with your son and why he does not want to live with dad.

In regards to your son running away, you may be able to file an emergency motion to restrict parenting time. This would mean that your son would live with you until a hearing on the issue. The biggest hurdle with using such a motion is, again, the high burden of proving that the child is in imminent danger if he remains with his father.

I know that this answer is very broad, however, without all the details, it is very difficult to give you more specific direction. Please contact us if you would like to discuss your situation in greater detail, we would be happy to assist you. We offer a 45-minute initial consultation for $150, where we could get a better understanding of your son's circumstances and give you better guidance.

Thank you again for your questions.

Hollie A. Hinton, Esq.

THE HARRIS LAW FIRM, P.C.

1125 17th Street, Suite 1820

Denver, CO 80202

(303) 299-9484

www.HarrisFamilyLaw.com

www.ColoradoDivorceInfo.com

Referrals Always Welcomed

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