Q: Does Colorado court take into consideration which parent children prefer to live with, would they put them on stand?
My 11yr old daughter and 9 yr old son primarily live with me, but their father now is threatening to take me to court for more over nights. My children nor I do not want that. My children have been wanting to just live with me, my husband, biological older brother and step sister. Can they choose to live with me? Would the court consider their preference?
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- Colorado
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A: At this age, kids do not get to choose or dictate parenting time schedule. If they have concerns regarding time with their father and/or strong wishes, you might consider asking the court to appoint a Child and Family Investigator. The CFI could get the kids wishes and concerns to the court via issuance of a report. Without that, your kids' statements are hearsay and will not be heard by a judge. Additionally, courts are not going to let a 9 and 11 year old testify under these circumstances and would probably get mad at you if you request such.
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