Does a Child’s Preference Matter in Colorado Custody Cases?

Child custody decisions can be one of the most challenging aspects of a divorce or separation. When emotions run high, parents often wonder how much influence their child has in determining which parent they will live with. In Colorado, a child’s preference can play a role in custody decisions, but it is not the only factor the court considers.

As of 2025, courts in Colorado continue to rely on the best interests of the child standard. This means that while a child's wishes may be taken into account, they must be balanced against other important considerations. Judges want to ensure that the custody arrangement supports the child’s emotional, physical, and psychological well-being in the long term.

At What Age Can a Child Decide Where to Live?

Unlike some states that establish a specific age when a child’s preference must be considered, Colorado does not set a strict cutoff. However, courts generally give more weight to a child’s opinion as they grow older and demonstrate maturity.

• Under 10 years old: Young children typically do not have the maturity to make a well-reasoned decision about custody. Their preferences carry little weight unless tied to serious concerns, such as abuse or neglect.
• Ages 11-13: At this stage, the court may consider a child’s wishes but will scrutinize whether their preference is based on genuine reasons or outside influence.
• Ages 14 and older: Courts are more likely to take a teenager’s opinion seriously, especially if they can provide logical explanations for their choice.

However, even if a child is old enough to express a preference, the court will investigate whether external pressures have shaped their decision. If one parent has manipulated or pressured the child into choosing sides, this can negatively impact that parent's custody rights.

Key Factors Courts Consider Beyond a Child’s Preference

While a child’s opinion is an important piece of the custody puzzle, it is not the deciding factor. Colorado courts evaluate multiple aspects of a child’s well-being, including:

• Parental relationships: The judge examines which parent has been the primary caregiver and the depth of the child’s emotional bond with each parent.
• Stability and routine: Courts consider how each parent can provide a consistent home environment, including school stability, extracurricular activities, and community connections.
• Mental and physical health of both parents: If one parent struggles with substance abuse, mental health disorders, or a history of domestic violence, this can impact custody decisions.
• Parental cooperation: Judges prefer arrangements where both parents support the child’s relationship with the other parent rather than fostering hostility or alienation.
• Safety concerns: If a parent has a history of neglect or abuse, the court will prioritize the child's protection over their stated preference.

The goal is to ensure that the custody arrangement serves the child’s overall well-being, not just their immediate wishes.

How Does a Court Learn About a Child’s Wishes?

Children are not required to testify in open court, as this could be emotionally harmful. Instead, the legal system has several methods to learn about their preferences:

• Judicial Interviews: The judge may speak privately with the child in chambers to hear their thoughts without outside pressure.
• Guardian ad Litem (GAL): A GAL is a court-appointed advocate who represents the child’s best interests and conveys their preferences.
• Parental Responsibility Evaluations: In highly contested cases, a mental health professional may assess each parent’s ability to meet the child’s needs and provide a recommendation.

These measures ensure that the child’s voice is heard while protecting them from unnecessary stress.

Can Custody Arrangements Be Changed Based on a Child’s Preference?

Even if a custody order is already in place, a child’s changing preference may justify a modification. However, the parent requesting the change must show that there has been a substantial change in circumstances that affects the child's well-being.

Common reasons for requesting a modification include:

• The child’s preference has changed as they have matured.
• A parent has relocated, affecting school and visitation schedules.
• The custodial parent is no longer able to provide a stable home environment.
• Concerns about a child’s safety due to neglect or abuse.

While courts take a child’s evolving preferences into account, they will still ensure that any modification aligns with the child’s best interests.

New Custody Trends and Laws in 2025

In 2025, Colorado courts continue to emphasize shared parenting and equal parental involvement whenever possible. Recent legal developments focus on:

• Encouraging joint custody: Unless there is a compelling reason against it, courts favor arrangements where both parents remain actively involved in the child’s life.
• Virtual parenting time: With advancements in technology, courts increasingly recognize video calls and online communication as essential tools for maintaining parental bonds.
• Addressing parental alienation: Judges are paying closer attention to cases where one parent tries to turn the child against the other.

These shifts reflect a growing focus on maintaining strong parent-child relationships, even when custody disputes arise.

What If the Other Parent Disputes the Child’s Preference?

When one parent disagrees with the child’s stated wishes, the court must carefully evaluate the reasons behind the dispute. Common issues include:

• A belief that the child’s choice is influenced by emotional manipulation.
• Concerns that the chosen parent lacks the ability to provide a stable home.
• Conflicts over school location and daily routines.

In these cases, the court may rely on professional evaluations to assess the situation and make a decision that prioritizes the child’s well-being.

Call Datz Law Firm for Your Colorado Child Custody Case

Custody cases can be complex, especially when a child’s preference is a key issue. Parents often face legal challenges when presenting their case in court, particularly if the other parent disputes the child’s wishes. An experienced child custody lawyer can help by:

• Gathering evidence to support a child’s preference.
• Ensuring that the custody arrangement aligns with legal standards.
• Protecting against unfair accusations of parental manipulation.
• Helping modify existing custody orders if necessary.

If you have concerns about child custody in Colorado, contact us today to discuss your legal options and ensure that your child’s best interests are protected.