Expert Advice When You Need It Most

In the state of Colorado, what age does a child have to be to decide which parent he/she wants to live with?

Asked over 2 years ago - Denver, CO

My son (who is 9 years old) lives with me 95% of the time (his dad has a bad temper and really doesn't want much to do with him except at certain that are "convenient" for him). Per our divorce agreement, we have joint custody of our son (there was an incident last summer involving his dad's temper and I removed him from his house that night). Our son really doesn't like to go to his dad's house to visit (only to see his dog) and has said that to many people. To bring his dad back to court will cost quite a bit of money (which I don't have at the moment) to try to change the custody so that I have full custody of our son. At what age does the court let a child decide which parent he/she wants to live with?

Flag

Save

Share with:

Attorney answers (1)

Culver Winston Van Der Jagt

Reputation Level 13

Answered over 2 years ago. Child Custody Lawyer in Denver, CO.

Flag

I don't know your financial situation, but I believe that it will cost you more not to do anything about child support and parenting time than it will cost you to go to court over those issues. You need an attorney who specializes in the area to file a motion to modify parenting time and child support based on his consent to your new parenting plan and change child support to Worksheet A at the same time. You will not likely ever be able to completely strip him of his rights, but you will gain rights as you file this. From a legal standpoint, the answer to your question is 19, but once kids start to drive, they usually thumb thier nose at parenting plans that are really poor. You have a long way to go if your child is only 9. Keep a calendar of all overnights and issues and schedule an appointment with an attorney, even if it is a few months out. It does not cost an attorney much to prepare a motion under those circumstances.
Culver
303-345-3508

Mark as good answer

1 person marked this answer as good

Add comment