Full question:
My parents are getting a divorce in Colorado. I am sixteen years old. My dad asked for and got a custody evaluation for me even though I asked him not to. Can I get an attorney and be emancipated from my dad and not my mom?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Colorado
Answer:
In order to become emancipated, a child must be independent from both parents. In a child custody case, it is up to the judge to determine the best interest of the child. All issues regarding custody of minor children, including physical custody and decision-making responsibility, will determined according to the best interests of the child. A child may express his wishes that the court will consider in its determination.
In determining the best interest of the child as it relates to parenting time, the court will consider all relevant factors, such as:
1. The wishes of the child;
2. The wishes of the parents;
3. The interaction and interrelationship of the child with the parents, siblings, etc.;
4. The child's adjustment to home, school, and community;
5. The physical proximity of the parties to each other;
6. The mental and physical health of all parties, and;
7. The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party.
The allocation of decision-making responsibilities will be determined after consideration of such factors as:
1. The ability of the parties to cooperate and make decisions jointly;
2. The ability of the parties to provide a positive and nourishing relationship with the child, and;
3. Whether one of the parties has been a perpetrator of child or spousal abuse.
Access to information regarding the child, such as medical and school records shall not be denied to either parent unless otherwise ordered by the court.
Conduct of a party that does not affect that party's relationship with the child shall not be considered by the court, and the court will not presume that one spouse is better able to serve the best interests of the child because of that party's sex.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
