Colorado Statute. Best Interests of Child & Child's Wishes?
@Funky funky
Good question. My post does not address Dylan's custody specifically, as I've not seen court documents re Mark & Elaine's dissolution of marriage or any later proceedings, have not even seen MSM re ct orders. Maybe someone else can address that. As to CO law---
In "Allocation of parental responsibilities" & "Determination of parenting time" (formerly called custody), CO law* requires judges to take "all relevant factors into consideration" in determining the "
best interests of the child." The first factors listed are:
"
(I) The wishes of the child's parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;
(IV) The child's adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;..." and more. bbm
Another source:
"A child’s own wishes are considered in making a child custody determination in Colorado. The judge will listen to the child if the child is mature enough to have an independent opinion. Unlike many states, there’s no age at which the judge must listen to the child’s wishes. Also, the court makes the ultimate decision as to where a child lives, not the child."** bbm
When was most recent petition or motion re "parenting time" (Dylan's custody) filed in ct?
I wonder if he had an opportunity to express his wishes to the judge.
How old was he then?
So the child's wishes are a factor in the decision the judge makes, like
@katydid23 ![Smile :) :)](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
posted above. Thx katydid23.
![Smile :) :)](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
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2016 Colorado Revised Statutes Title 14 - Domestic Matters Dissolution of Marriage - Parental Responsibilities Article 10 - Uniform Dissolution of Marriage Act§ 14-10-124. Best interests of child
^ CO Rev Stat § 14-10-124 (2016)
^ 2016 Colorado Revised Statutes :: Title 14 - :: Domestic Matters :: Dissolution of Marriage - Parental Responsibilities :: Article 10 - Uniform Dissolution of Marriage Act :: § 14-10-124. Best interests of child
** Colorado Child Custody Laws - FindLaw