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RobertJDFL, Lawyer
Category: Family Law
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Experience:  Experienced in multiple areas of the law.
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A Freind of mine who has three children ages 12, 9 and 8 has

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A Freind of mine who has three children ages 12, 9 and 8 has recenty went through a divorce. The mother who has primary custody of the children with the exception of 3 weekends a month. The eldest of her children, Anthony who is twelve, expresses that he no longer wants to see his father during his visitations for those three weekends a month. Is it possible for the eldest child to elect through the court or through paperwork to wilingly not see his father if he wishes? If so, what is the legal age for this in Colorado?
Submitted: 6 years ago.
Category: Family Law
Expert:  RobertJDFL replied 6 years ago.
Thank you for your question.

There is no set age in Colorado when a minor child can elect to stop visiting the non-custodial parent. A court can certainly take into consideration the child's wishes as one factor they consider in making a decision (and the older and more mature a child is, the more they are usually willing to listen) but ultimately, a court will do what it feels is in the best interest of the child. I can tell you that unless the reason he doesn't want to go is because he is being harmed or does not feel safe, the court is not going to deny the non-custodial parent contact with the child, though they may be willing to consider reducing the amount of visitation.

The mother would have to file a petition to modify the existing custody/visitation agreement with the court.

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