QUESTION

My daughter would like to live with me.

Asked on Apr 16th, 2013 on Family Law - Colorado
More details to this question:
My daughter is 14 and has asked to come live with me. I currently live in Idaho and her father whom she lives with is in Colorado. I am sure there will be a legal battle over this. Is my daughter old enough to decide where she would like to live and which state do I need to attain a lawyer in Idaho or Co.
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1 ANSWER

Legal Separation Attorney serving Boulder, CO at Flatiron Legal Advisors LLC
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The state will depend on where the order for parenting time was issued. If the order is out of Colorado, then you almost surely will need to file a motion to modify parenting time (and child support) here. If it was in Idaho, you may be able to file there. If it was another state (and the child has been living in Colorado for more than 180 days), it likely will be Colorado (but will be more complicated, as you will have to register the order here first). As to your daughter's wishes, I'd first file a motion to interview the child (which is done in the judge's chambers, not open court). Some judges will interview a 14 year old, some will not. If the motion to interview is denied, the least expensive way to have the child's wishes heard is to file a motion to appoint a child and family investigator ("CFI"). A CFI will interview you (likely via Skype), the father and the child and make a recommendation to the court, which the court usually puts a lot of weight on. A CFI costs $2,000 - usually split by the parties. I hope this helps. Please feel free to contact me if I can be of further assistance.    
Answered on Apr 16th, 2013 at 3:49 PM

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