Does My Child Get a Say in the Parenting Plan? Colorado's Rules

When families go through a divorce or separation, creating a functional parenting plan is often a top priority. Parents frequently wonder if their children have any legal right to choose where they want to live as they get older and develop their own daily routines.

If you are creating a parenting plan in Colorado, your child can have a voice in the process, however that doesn’t mean they get to make the final decision. The legal system balances a child's wishes against their overall well-being.

While the court may consider what a child wants, the legal system is designed to shield children from the conflict of the courtroom. Under Colorado law, the legal system provides a structured way for a decision maker to listen to a child’s opinions, if they are sufficiently mature to express a reasoned and independent preference as to the parenting time schedule.

In entering orders regarding parenting time, the Court must consider a child’s overall well-being, stability, safety, adjustment to home and school, and relationship with each parent. The goal is to understand the child’s needs without placing the child in the middle of the parents’ conflict.

The Best Interests of the Child Standard

Every decision involving children in Colorado revolves around the “Best Interests of the Child” standard (outlined in the Colorado Revised Statutes § 14-10-124). This specific rule requires the court to look at the entirety of the family's life, focusing on multiple practical factors that typically include:

• The child's adjustment to their current home, school, and community
• The mental and physical health of everyone involved in the case
• The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other party

A child's preference serves as just one piece of this much larger puzzle. The final parenting plan must account for all of these different elements to ensure the kids grow up in a stable, healthy environment, regardless of what the child might ask for in the moment.

Age and Maturity Levels

Many people mistakenly believe that children get to choose where they live once they are of a certain age. However, age alone is never determinative of when a Judge considers a child's desire regarding parenting time. 

The state focuses on whether a child is sufficiently mature to express a reasoned and independent preference as to the parenting time schedule.  For example, the wishes of a thoughtful teenager who wants to stay near their high school may carry much more weight than the desires of a younger child who simply wants to live at the house with fewer responsibilities or rules.

Protecting Children From the Conflict

The legal system actively tries to keep children entirely out of the middle of their parents' disputes. Because of this protective mindset, judges almost never allow children to take the witness stand and testify against a parent in a public courtroom.

Forcing or influencing a child to choose sides publicly can cause unnecessary emotional damage and put extreme pressure on the child. The law provides for alternative methods to understand what children actually want without making them feel responsible for the final outcome of the divorce.

Using Outside Professionals

When parents completely disagree on the best parenting time schedule, the court will sometimes appoint a neutral professional to investigate and make recommendations. These professionals are often called Child and Family Investigators (CFIs) or Parental Responsibilities Evaluators (PREs).

These investigators visit the homes of both parties, talk to the parents, and interview the children in a safe, comfortable setting. They look at the whole situation and write a report explaining exactly what schedule would truly serve the child best, while keeping the child entirely out of the tense courtroom environment.

How Mediation Supports the Family

Sitting down with a neutral mediator can give parents a great opportunity to build a schedule that actually works for their children. Because the parents know their children better than any judge ever could, they can easily build each child's preferences into the final agreement on their own terms.

If a teenager has a busy sports schedule or a part-time job, the parents can adjust the parenting plan to support those activities. Working collaboratively allows the family to respect the growing independence of their older children and the higher day-to-day needs of younger children without ever setting foot inside a courthouse.

Building a Functional Routine

Creating a solid parenting plan means finding a careful balance between what a child wants and what they actually need to thrive. A child's opinions definitely matter as they grow older, but their preferences are not the only factor that shapes the final outcome.

Finding a daily schedule that works for everyone takes patience, organization, and a genuine willingness to compromise. Many families find that bringing these difficult conversations into a neutral environment helps them build a highly functional routine that supports their children for years to come.

Having a calm space to explore different options can make navigating a parenting plan much easier. If you are looking for a mediator, arbitrator, or private judge to help resolve your family dispute, Gokli Dispute Resolution is ready to help. Half and full day mediations can be booked on our website.