Can a 13 year old living in Colorado choose which parent they want to live with?

Under Colorado law, a minor child never gets to choose the parent with whom he/she resides. The child's wishes, as well as the reasons behind those wishes, are only a couple factors among many which a court must consider under Colorado law in deciding with which parent the child will primarily reside. As a practical matter, the older the child and the more adamant the child's position, the more weight the court is likely to give to the child's desires. However, the court is charged with doing what it considers to be in the child's best interests, not to give the child what he/she wants.

First, I hope your 13-year-old is adjusting to post-divorce life reasonably well. I realize it can rarely be perfect. Colorado Revised Statute 14-10-124 addresses the "best interests' of children. With reepct to how a child's wishes may be considered, the satute that gives the court guidance on making determination as to parenting time reads as follows: (The court is to consder) "The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;" This is just one of 11 statutory factors the couert is to consider. So, are the child;s wishes dispositive? No. However, my experience tlls me that when you have an exceptionally mature child with the ability explain their wishes with appropriate jusitification for those desires, the court gives those desires considerable weight. You may want to consider sitting down with an attorney to discuss exactly how to make sure your child's voice is heard in such situations. My office would be happy to speak with you. Best of luck!

I agree with Mr. Geil. As a former judge, I never allowed a minor child to make the decision of who they would live with, as I did not want to put that burden on the child and both parents are probably putting on pressure on the child to side with them. With that being said, many judges (myself included) agree to speak with judges in their chambers (in camera is the technical term) without the presence of either parent or their attorneys and off the record. This allows the judge to get to know the child informally - starting to talk initially about common interests to gain their trust and confidence, prior to asking about what is really going on in both households. Some judges refuse to do interviews of children in chambers, as they are extremely sensitive to accusations of impropriety by one or both parents. Ultimately, even if the child says that they want to live with a particular parent, there is no obligation for the judge to agree with the child and have the child live with that parent. It can not hurt to request for the judge to interview the child "in camera". However, be prepared that many judges will refuse.