Colorado’s approach to parenting matters when adults divorce or separate is somewhat different from other states. What other jurisdictions refer to as custody is the allocation of parental rights and responsibilities outlined in Colorado law.
Typically, parents try to settle their disagreements about parenting time and other responsibilities with one another. If they cannot reach an amicable agreement, then they may decide to go to family court. Judges hearing litigated parenting cases have to consider many factors. They may hear from both parents and outside professionals.
Can the children in the family also potentially influence a judge’s final determination?
A child’s preferences can influence a judge
Family law judges hearing litigated cases about the allocation of parental rights and responsibilities have to follow state law. The current statutes in Colorado require a focus on the children’s best interests. Judges attempting to determine what is in a child’s best interest have to look at the child’s needs and the capabilities of the parents.
Various details about family dynamics may influence what a judge decides is appropriate. In some cases, the preferences expressed by the children themselves can influence the judge’s final determination. Some states have a set age at which children can express their wishes during custody proceedings. Colorado’s approach is less straightforward.
The child’s age and maturity, as well as the reasoning they give for their preferences, all influence a judge’s determination. When children are especially young, a judge may not ask them to speak at all. Children in middle school and teenagers may have an opportunity to express their preferences.
That being said, they do not set the terms. They must comply with the allocation of parenting time established by the courts. Even if they wish to live with one parent and the judge assigns primary custodial responsibility to the other parent, the child must abide by that ruling.
Frequently, the best outcome requires shielding children from the conflict regarding the division of parenting time, as doing so helps minimize their distress. Those anticipating conflict regarding their parenting arrangements may need to discuss their concerns with a family law attorney. Achieving a reasonable allocation of parental rights and responsibilities is possible if people understand their rights and develop an appropriate strategy for family court.