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Does a child with estranged parents have the right at 16 to…

Customer Question
Does a child with...

Does a child with estranged parents have the right at 16 to chose not to see the father who has had visiting rights.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes. He feels that there is nothing the father can do because supposedly Colorado law gives the child the right to choose not to see one or the other parent when they reach 16. A counselor determined the child was being coerced by her mother.

Submitted: 6 months ago.Category: Family Law
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Answered in 1 minute by:
3/9/2018
Family Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,857
Experience: 30 plus years of experience.
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Family Lawyer: Loren, Lawyer replied 6 months ago

It is possible, but the visitation will need to be modified by the court. While the order is in place, there is no right for the visitation to be withheld on the preference of the child.

Under Colorado custody laws, is there is no specific statutory age at which kids get to decide as to custody or visitation. In practice, most courts will generally start to give kids more autonomy around age 14. By 16 or 17, most courts will give significant weight to the child’s wishes.

So, you will need to file and the child can express their preference. The judge will then decide how much weight to give that preference based on the child's apparent maturity and ability to express themself.

I am sorry. I wish I could tell you there was an easier way, but I do not want you being blindsided by a contempt citation or spinning your wheels.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Family Lawyer: Loren, Lawyer replied 6 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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