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  1. #1

    Default Choosing To Live With One Parent

    My ex-wife and I share 50/50 parenting with our 2 children ages 9 and 16. Until recently I had our older daughter 3 weeks and her mom 1 week. Her mom sought 50/50 and was granted this. However my 16 year old does not want to live her mom at all. She has expressed that she wants to live with us (me and her step-mom). She confronted her mom about this and last week her mom allowed her to stay with us but when she found out that I would be paying alimony and child support later in the month (I have until the 20th) rather than earlier due to my budget, she sent an email threatening a contempt charge because the 16 year old was with me. In fact I called her to pick her up if this was going to be the case and she showed up 3 hours later with the police trying to have me arrested for violating the court order. Clearly the police found no evidence but against her will they took my daughter. In Colorado does a child of a certain age have the right to choose what parent they wish to live with?

    Colorado

  2. #2
    panther10758 Guest

    Default Re: Choosing To Live With One Parent

    A child does not choose. However a judge may listen to the minor and rule accordingly. What decides thing is "Best Interest" of child. If you feel this a big enough issue petiion court for modification of custody.

  3. #3

    Default Re: Choosing To Live With One Parent

    Adding to my previous question, do I have any recourse since my ex lied to the police about the violation of the court order and tried to have me arrested for it.

  4. #4
    panther10758 Guest

    Default Re: Choosing To Live With One Parent

    Were you arrested? If not then nope you have no recourse. If you have an Attorney talk to him/her and file for that modification

  5. #5

    Default Re: Choosing To Live With One Parent

    We recently were in court for a modification, I was not represented at that time, however it was before my daughter came to me expressing her desire to live with me full time and she told me about feeling unsafe with her mom and her girlfriend. My daughter never talked to the judge. i will go this time represented, but will a judge listen to my daughter now? Or even allow it?

  6. #6
    panther10758 Guest

    Default Re: Choosing To Live With One Parent

    Its very possible judge will listen to the teen. However as stated the judge rules in best interest of child and that isnt always what child wants! Your child will need to give sound reason for this request. Do not coach her in any way that will work against her and you both. talk to an Attorney on best approach

  7. #7
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Choosing To Live With One Parent

    Quote Quoting coloradodad08
    View Post
    We recently were in court for a modification, I was not represented at that time, however it was before my daughter came to me expressing her desire to live with me full time and she told me about feeling unsafe with her mom and her girlfriend. My daughter never talked to the judge. i will go this time represented, but will a judge listen to my daughter now? Or even allow it?
    Define unsafe. And please state what you will say to a Judge when he/she asks why you are willing to leave your other child in this "unsafe" environment...

  8. #8

    Default Re: Choosing To Live With One Parent

    I do want both of my kids out of the unsafe situation. You mentioned define unsafe: They have told me they feel threatened by their mom and her girlfriend. The girlfriend has a long history of mental illness and is bi-polar and they have witnessed "other personalities" surface while staying there. Their mom spends the majority of her time in isolation with her girlfriend and the kids spend much of their time alone. In court the judge may let my 16 year old testify but I don't think he would let my 9 year old testify. During the divorce process I did fight to get my girls full time. A lot has changed since then and now both my kids have expressed a desire to live with me full time. My oldest has just been more out spoken about it and told her mom she didn't want to stay there. My youngest has only told me and my wife about her desire to live with us full time.

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