Legal Question in Family Law in Colorado
Age of Children required for them to have Choice of which Parent to live with &
My children (9 and 11 year old girls) have repeated asked if they could just live with me, although I share 50/50 custody with my ex-wife. They have issues that run deep, needless to say why, but I would like to know at what age they can make a decision about their own living arrangements or 'their choice' of which parent they want to live with. Based upon that, what kind of ramifications or adjustments would occur as a result on custody terms and any child support that was in place. What is the process given their decision to make the choice?
Thank you
S
1 Answer from Attorneys
Re: Age of Children required for them to have Choice of which Parent to live wit
There is no age at which a child can determine with whom he or she will live; however, the court may consider the child's wishes at any time, and will give credence to the request based on the child's maturity. The court would likely appoint a special advocate to interview the children, parents, and anyone the parents or children might suggest, to make a recommendation to the court regarding custody & parenting time. The child support guidelines would determine child support.