Divorce is hard on everyone in the family, and decisions about where the children will live are usually the most sensitive part. Many parents want to know whether their child gets to choose.
The Short Answer
No. A child does not get to decide where they live. A Colorado court can consider a child’s wishes where the child is mature enough to express reasoned and independent preferences about the parenting time schedule, and that input is weighed alongside every other best-interests factor rather than sitting above them.
There is no age at which this changes. The test is maturity, not a birthday.
One Factor Among Several
A child’s wishes are one of the best-interests factors Colorado courts weigh, alongside the child’s relationships with each parent and with siblings, the child’s adjustment to home and school, and each parent’s ability to support the child’s relationship with the other.
No single factor decides the case, and the court looks at how Colorado allocates parental responsibilities as a whole rather than reading any one consideration in isolation.
When Can a Child’s Preference Be Considered?
When it comes to a child’s preference in Colorado custody decisions, the law does not set a specific age at which a child can decide where they want to live. Instead, the court considers the child’s maturity to express an independent and reasoned preference regarding the parenting time schedule. The court may give more weight to the opinions of older children, but there is no strict rule. The judge will also consider whether the child’s preference appears to be influenced by a parent or other external factors, which could diminish the weight of the preference.
How the Court Evaluates a Child’s Preference
When a child expresses a preference, the court must determine whether it aligns with their best interests. A child’s wishes may carry more weight if they can articulate their reasoning and demonstrate a mature understanding A child’s wishes carry more weight when the child can explain their reasoning and shows a mature grasp of what the choice means. A preference based on wanting the house with fewer rules carries less.
The court may appoint a child and family investigator or a parental responsibilities evaluator to look into the family and report back. A child and family investigator must consider the child’s wishes and disclose them in the written report, but is not required to recommend what the child wants unless it serves the child’s best interests.
The court can also appoint a child’s legal representative, an attorney who represents the child’s best interests rather than the child’s wishes. That representative must find out and consider what the child wants, but is not required to argue for it unless it serves the child’s best interests.
Parental Influence and Its Impact on Custody Decisions
One thing the court looks at closely is whether a child’s preference is genuinely their own or the product of pressure from one parent. Where a parent has tried to steer the child, through negative remarks about the other parent, cutting off contact, or rewards and punishments tied to the choice, the court can view that negatively and can change the arrangement to protect the child.
Steps a parent takes to protect a child from abuse are a different matter, and they are not held against that parent.
What the court is looking for is a preference that is:
- Free from coercion
- Genuinely reflective of their preference
- Based on an honest understanding of the situation
- Aligned with their overall best interests
Can a Child’s Preference Change a Custody Order?
A child’s preference alone does not change an existing order. A parent can ask the court to modify parenting time when the change would serve the child’s best interests, and the child’s wishes are part of that analysis. A higher bar applies where the change would move the child’s primary residence.
Building a parenting plan around your child’s actual needs is usually a better use of that energy than arguing over a preference. Bring your questions to a confidential consultation.