Q: I have a younger friend who's parents got recently got divorced. Can she seek for her mother to have physical custody?
I have a younger friend who's parents got recently got divorced. Can she seek for her mother to have physical custody?
"Courts now weigh the best interests of a child in making their custody decisions by considering the physical and mental health of the parents, their ability to provide for the child’s basic needs, their emotional relationship with the child, the lifestyle of the parents, the educational situation of the child, and the preference of the child, if he or she is old enough to state a rational preference."
She is old enough to state a rational preference. Her father will sometimes refuse to buy things, such as school supplies or clothes. She has been told that she is a horrible person by her father. Is there a way for her mother to have physical custody so that she would live with her mom? He father is not unsuitable for her to live with/at other than these reasons.
(Also, just a question on how/if this could work).
A: This matter is best handled between the parents. Your friend should inform one of both of her parents of her wishes. Be aware a child's desire is a factor that a judge will consider, but there are a lot of other factors. In other words, if joint custody is the way the judge is leaning, the child's wishes are considered, but will not force the judge to change his/her mind. Also physical custody just mean that a parent has physical powers/control over the child. In think you are asking about sole custody or primary custody with the mother. Colorado does not favor sole custody in most circumstances. Primary custody may occur based on the circumstances. Colorado favors joint (50-50% custody), but judges make the final determination.
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A: Your friend's mother would need to take steps to seek custody of her. Depending on your friend's age, the court can consider her wishes. However, in most instances a court is going to be hesitant to directly hear from a child. As such, the normal route would be for her mother to seek the appointment of a Child and Family Investigator who would interview your friend, discuss her wishes and concerns, and then make recommendations to the court.
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