cantsleep
Bronze
Reged: 02/14/07
Posts: 39
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Is there a certain age when children can choose which parent they prefer to live with? I have heard answers ranging from age 12 to age age 18.
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adrenaline
Platinum
 
Reged: 03/21/06
Posts: 3892
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I am sorry you can't sleep. In my state WA they can choose at 12 but only if the Mommy signs off on it. They don't get a choice if that isn't the case.
My boy will never live with me. I hope it is different in your state.
-------------------- The problem isn't the game; it is that nobody knows the rules.
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mommywhat?
New
Reged: 07/11/07
Posts: 4
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Have you had any luck finding an answer to this question? I'm also in Colorado and trying to figure this out myself. Thanks!
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gigi
Platinum
 
Reged: 11/06/06
Posts: 5041
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Please don't let the children choose. They should not have a part in anything involving the divorce. It's not right. They THINK they're old enough to reject Dad, or reject Mom, but that's just not right. Make the judge make the hard decision if Dad or Mom is not a good enough parent, but for as long as the judge has not stripped eithe rparent of their rights, each parent should try to enforce and reinforce the value of the other parent in the children's lives... no matter how much you don't like the other parent.
PLEASE don't let the kids do this. Please don't encourage it if they want to. Don't let them choose sides in the divorce, don't let them choose whether they want to see mom or dad... it's not good for them.
We all know that if some older teens get it into their head that your'e being too strict and they INSIST, that there's no way it will be effective for the parent they don't want to be with to even try, but don't let them think they have a choice... don't let it get that far.
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theanswerguy
Platinum
 
Reged: 04/12/07
Posts: 2179
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[quote]Have you had any luck finding an answer to this question? I'm also in Colorado and trying to figure this out myself. Thanks! [/quote]
A child can choose at age 18 to live with whoever they like , before that a judge may listen to their preference but that is only one factor among many in a disputed custody determination . There is no set age for when a child's preference will be considered but a court can consider : The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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mommywhat?
New
Reged: 07/11/07
Posts: 4
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Although I understand and partially agree with what you are saying, this is a completely different situation. This is not a current divorce. We have been divorced for MANY years. My child has lived with her father for several years and BECAUSE he has tried his hardest to drive a stake through my relationship with her, as she grows older, she's learning that I'm not as I've been made out to be. She longs for more time with me and now that she's expressed that with her, he's started to treat her differently. He's doing this to himself by being this way to HER. Now she wants to live with me in hopes that a more limited relationship with him will bring them closer together. For being 15 she's VERY intuitive. There is quite a bit more to this story, but that's the basics. ALL situations are different. And this one, noone encouraged her or told her to decide where she wanted to live. And as I understand it, in Colorado, she has a right to a voice in court.
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gigi
Platinum
 
Reged: 11/06/06
Posts: 5041
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Is there a reason that equal time in both houses won't work for you? That might be the way to go. I think part of teh reason that kids start thinking they should be choosing between their parents is that we make that choice for them when we make one parent the "primary" and the other is secondary. I agree that parental alienation is a really awful thing & if he's been doing the more subtle elements of PAS for years, and she's rebelling against it, then her claims might be valid... but ... it's truly better for the kids if you don't give them the impression that anything they say or do will change teh adults' decisions on what's best for them... where they live, where they go to school, whether they're allowed to quit school, whether they're allowed to drink or sleep with boyfriends. On the basics, they should not be given teh impression that they can change the minds of the adults around them. I KNOW the courts will allow them to speak, but I don't know that this is the best solution in their best interests.
if YOU go to court and request a modification of the custody arrangement, asking for the primary to change, and explaining that she has expressed a request to change... well, it starts with you being the wrong one to explain this becasue OF COURSE she's going to tell you that she prefers you, just like she's probably telling your ex that she prefers him... but that's a strategy issue that you have to hash out. The best would be for you & your ex to find a way to work it out so she can have a week at your place, a week at his... have neighborhood friends at each and develop a rhythm... he'd have much less time to get any alienating digs in if he only had her half the time, and her relationship wth him, if it has really deteriorated, wouuld have enough together time to rebuild itself.
I agree that there are different situations in every case, but the real question you asked, whether or not the kids should have a say, that's the qustion I answered. It MIGHT be better for her to have less time with him, but is it a good idea for her to think she can manipulate this? NO. This is one of those major life decisions that she needs to know the adults are taking care of on her behalf. She can decide wehther or not she likes broccoli or wehther to take French or Spanish for her foreign language in high school, but she should not be allowed to choose between her parents. No matter HOW long they've been divorced.
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theanswerguy
Platinum
 
Reged: 04/12/07
Posts: 2179
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It's not easy to change custody without the consent of the other party . The legal standard is a " significant change in circumstances " and unless you can prove a change , it's unlikely the child will ever get to state their preference to the court .
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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cantsleep
Bronze
Reged: 02/14/07
Posts: 39
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I have been considering modifying our current parenting schedule for a long time now and am wondering if the following would be considered a "significant change in circumstances".
-Kids were 5 and 3 at the time the current schedule was agreed upon-they have different needs and schedules now (they are 15 and 13) -I have recently started my own business, working from home, which means the kids would have constant adult supervision and support. (dad and step mom work many hours outside of home, leaving the boys alone much of the time-although I now they can handle this, I don't think this is ideal. -dad and step mom have three small children together. This leaves little time left over for my kids. I am married with no other children. My husband and I would be able to focus our attention on them.
Any info would be greatly appreciated!
Thanks!
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randy225
New
Reged: 01/16/08
Posts: 6
Loc: Colorado
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You have definitely had a significant change in circumstances. One approach I have seen is to file for a review of custody, and specifically request of the Judge in the motion that the child/children be interviewed "en camera" (alone with the Judge), so the Judge can get an unbiased statement from the kids, with no parental pressure.
-------------------- Look ahead to a bright future not yet written.
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