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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
