In Colorado custody matters (allocation of parental responsibilities), a child’s wishes may be considered if the child is “sufficiently mature to express reasoned and independent preferences.” That standard comes from the best-interests statute, which lists the child’s wishes as one of several factors a judge weighs. See C.R.S. § 14-10-124(1.5)(a)(II).
No Bright-Line Age—Maturity and Reasons Matter
Colorado does not set a specific birthday (such as 12 or 14) when a child’s preference controls the outcome. The statute itself contains no fixed age and treats the child’s preference as only one of many best-interests factors, which the court evaluates case-by-case. C.R.S. § 14-10-124.
Colorado appellate decisions also emphasize judicial discretion and the broader best-interests analysis rather than a single, age-based rule. See, e.g., In re Marriage of Short, 693 P.2d 385 (Colo. App. 1984) (upholding trial court’s discretionary weighing of factors under § 14-10-124).
How Courts Learn the Child’s Preference (Without Putting the Child on the Stand)
Colorado law allows a judge—on a party’s motion—to interview the child in chambers to ascertain the child’s wishes. The statute requires the interview to be recorded and included in the case record, and it authorizes the judge to permit counsel or a licensed legal paraprofessional to attend. The court must also make findings explaining why it granted or denied the request for an interview. See C.R.S. § 14-10-126.
Two practical guardrails from Colorado precedent:
- Interviews aren’t mandatory. Whether to conduct an in-camera interview lies within the trial court’s discretion. In re Marriage of Rinow, 624 P.2d 365 (Colo. App. 1981); In re Marriage of Turek, 817 P.2d 615 (Colo. App. 1991).
- Courts can rely on other sources. A judge may consider prior interviews, reports from court-appointed professionals, and testimony, and need not re-interview the child to be “fully aware” of the child’s wishes. In re Custody of C.J.S., 50 P.3d 879 (Colo. App. 2001).
Who Helps Convey the Child’s Voice?
Colorado courts can appoint professionals to assist the court in understanding the child’s circumstances and wishes:
- Legal Representative of the Child (LRC). An attorney appointed to represent the child’s best interests may ascertain and consider the child’s wishes, but is not required to adopt those wishes and cannot be called as a witness. See C.R.S. § 14-10-116.
- Child and Family Investigator (CFI). A neutral professional appointed to investigate and provide recommendations in parental-responsibility disputes. See C.R.S. § 14-10-116.5.
These tools are designed to minimize stress on the child while giving the court reliable, structured information.
How Much Weight Does a Preference Get?
A child’s preference can be influential when the child demonstrates independent, reasoned judgment—but it is never the sole determinant. Judges must weigh all relevant best-interests factors (relationships, adjustment to home/school/community, each parent’s ability to put the child first, safety, and more). C.R.S. § 14-10-124; see also the Supreme Court’s discussion of the statutory factors in In re Marriage of Ciesluk, 113 P.3d 135 (Colo. 2005) (relocation case quoting the best-interests factors, including the child’s wishes).
Takeaways for Parents and Caregivers
- There is no magic age in Colorado when a child “gets to choose.” The law focuses on maturity, independence of thought, and the totality of the child’s best interests. C.R.S. § 14-10-124.
- Judges have flexible tools to learn a child’s wishes while protecting the child from unnecessary exposure to litigation, including in-camera interviews and court-appointed professionals. C.R.S. § 14-10-126; C.R.S. § 14-10-116; C.R.S. § 14-10-116.5.
How Boal Law Can Help
Boal Law understands how sensitive and important a child’s voice can be in parental-responsibilities cases. With experience in Colorado family law, the firm can explain how courts evaluate a child’s maturity and preference, help present that information appropriately through court-approved channels, and keep the focus on the child’s best interests—start to finish.