Change of primary custody

[dee]

The child lives in texas with mother. Divorce and custody was done in Colorado. the child lived with dads mom about 10 years in texas He is now 11. He went to live with his mother last school year. He is very unhappy and wants to live with his dad in colorado. They have joint custody with her as primary . Dad is petioning now for change of primary, What are his chances. He has a very stable home and family.  Also he is supposed to get him after school for a month. This was already done before the other came up. Can she stop him.? Does the child have ANY say in this. He is a pretty smart boy.

[trystero]

I think he's close to the age of having a say.  I've never seen it written down at what age kids get to weigh in on their custody situation.  Always thought it was 11-13....

[marif7]

There is no age set by statutes in CO regarding the child having a choice.  In fact, you can check with any family lawyer in CO, the childs wishes are only considered when you use a CFI, and the children's opinion is rarely taken into account. 

If the mother is a fit and competent parent, and has no direct proof of physical abuse, then he doesn't have a chance, only if agreed upon by the Mother.  Once the primary custodian is set, the courts rarely change the primary parent unless there is an agreed upon change, or if the non-custodial parent can prove change in circumstances which is a very difficult burden for the non-custodial parent.

the child physically cannot leave the custodial parent's home until he/she reaches the age of 18.