Can Children Choose Which Parent To Live With In A Divorce?

 

I often hear the question "Can a child choose which parent to live with?" in the custody cases that I see on a regular basis. Unfortunately, in Colorado, the answer is, "yes." If the court feels like you are living in an environment that benefits one of the parents (i.e. physical abuse), then they will consider joint physical custody.

There are several ways that a court can grant custody to one parent. In order for me to explain this process, I am going to have to get a bit technical. But just so you know, in Colorado, if a parent has both legal and physical custody, they are awarded sole custody. Now, you may be wondering what happens when one parent seeks physical custody and the other parent want the visitation rights.

In a Colorado child custody situation, if you are seeking custody and your ex-spouse wants visitation, then joint legal custody is going to be awarded. This means that the child's best interests are served by both parents. The child can move around, go to school with his/her friends and be with his/her biological father or biological mother. So, as you can probably imagine, this isn't ideal.

However, if you have joint custody, the courts will look at the welfare of the child and will award the right to live with one parent (usually the biological mother). The child will be spending a fair amount of time living with both parents (with visitation rights being granted depending on the child's schedule). This is obviously going to be more beneficial to the child than living with the other parent(s).

Joint custody can become problematic if one parent is abusive. If this is the case, the courts will try to mitigate the impact on the child by requiring one parent to have a protective order. However, you should always consult with a child custody attorney who will know what to do in such a case. You may have to explain why the protective order was placed and why it was lifted after abuse. Again, do not attempt to negotiate this aspect on your own.

When you and your ex-spouse do get along, you will want to create a very loving and stable environment for your child. You may have some difficulty getting the other parent to agree to certain terms, but if you can show them that they are harming your child, they may be willing to agree. This is especially true if they see that the other parent does a good job raising the child and doesn't allow your child access to things that they may desperately need, like a doctor.

One of the most contentious issues when it comes to custody is the location of the child. This can become particularly problematic if you live in a state or country where it is necessary to adhere to certain gender-specific laws. You can go through great lengths to ensure that your child goes to the best medical care possible. This can become costly, though, and it can also make it difficult to determine the living conditions for your child. There may be several factors involved in determining which parent gets custody. These factors include the amount of time the child spends living with each parent, the ages of the custodial parents, and the location of the child (some parents have a home where the child has frequent overnight visits, while others have a room that they use).

Once you have decided which parent will have custody of the child, you will need to draw up a custody agreement. This will include any provisions about who pays which bills, who decides where the child will live, and so much more. There are templates available online that can help you create a complete custody agreement, so that the process can be as easy and painless as possible. Your custody agreement should include provisions that ensure you can spend time with your child and also take part in decisions about your child's education and healthcare.