Can I be emancipated from my dad in Colorado during divorce proceedings?

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:

To become emancipated in Colorado, a minor must be independent from both parents. In custody cases, the judge decides what is in the child's best interest. The court will consider various factors, including:

  1. The child's wishes;
  2. The parents' wishes;
  3. The child's relationships with parents and siblings;
  4. The child's adjustment to home, school, and community;
  5. The physical proximity of the parents;
  6. The mental and physical health of all parties;
  7. The ability of the parents to foster a loving relationship with the child.

For decision-making responsibilities, the court will look at:

  1. The parents' ability to cooperate;
  2. The ability to provide a positive environment for the child;
  3. Any history of abuse.

Access to the child’s information, like medical and school records, cannot be denied to either parent unless the court orders otherwise. The court will not assume one parent is better for the child based solely on their gender.

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.

FAQs

In Colorado, to be emancipated, a minor must demonstrate that they can live independently and manage their own affairs. This includes having a stable income, a place to live, and the ability to make responsible decisions. The court will evaluate whether emancipation is in the minor's best interest, considering their maturity and ability to support themselves.