Family-Operated. Family-Oriented.

Can A Child Choose Which Parent to Live With in Colorado?

Who gains custody of your child when you divorce? This is a question that is more complex in Colorado than in other states. It becomes even more tricky when the child is the product of a military marriage. Due to the fact that one or both parents of the child may be stationed far away, the option of typical joint custody may not be possible.

The Interests of The Child

The interests of your child will always come first. Both parents will be given the opportunity to tell the court why they should be given custody. The judge will hear the testimony of both parents and also speak to others who are close to the child. In most cases, the judge will also make a point to speak directly to the child regarding their wishes.

What Factors Will Determine Custody?

There are a number of factors that the judge will consider before they make their final decision on custody. These factors may include, but will not be limited to, the following:

  • The age of the child

  • The general quality of the relationship that the child has with their parents and siblings

  • Their potential ability to adjust to a new home, school, or community

  • The mental health of the parents

  • The physical health of the parents

  • The willingness of both parents to reach a joint custody arrangement

Your Child’s Wishes

The judge ruling upon your military divorce case will take your child’s wishes into account when determining custody.

A child between the ages of 12-14 will be given the opportunity to state which parent they would prefer to live with primarily. However, older teenage children between the ages of 16-18 will tend to have more influence on the judge as to which parent they select. While the judge weighs the child’s opinion in their decision, they will never make their ruling based solely on the wishes of the child.

Going Through a Divorce? We Can Help

If you’re going through a divorce and need help with child custody, our team of Colorado Springs family law attorneys is here for you. We know that going through a divorce is difficult, and we can help you navigate through the process and make decisions in the best interest of your child.

If you need help with child custody issues, contact Drexler Law at (719) 259-0050 for a consultation with our team today.

Categories: