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Might a child be interviewed in determining child custody?

When a Colorado couple gets a divorce and child custody is an issue, the dispute between the parties might lend itself to the child being pushed off to the side as an unwitting part of the process. With a younger child or toddler who cannot make a statement regarding an opinion, this makes some semblance of sense. However, since the best interests of the child are at stake, it is wise to know where the child stands on child custody and visitation. This is where the law allows for an interview to be conducted.

It is allowable for the court to conduct an interview with the child to determine how the child feels about child custody and other parental issues. This will be done in the judge's chambers. It is fine if counsel wants to be present for the interview. There will be a record of the interview and it will be added to the record for the case to be decided.

In addition to having an interview with the court, a professional can also be part of the process. This is true whether it is a person who is regularly employed by the court in this capacity or not. When the professional gives an opinion, it will be in writing and the parties, their counsel and other experts can see it. It will be part of the court record. Other than that, it will be considered a confidential report and will be sealed. There can be no inspection of it unless the court gives consent. If a professional is consulted, the counsel has a right to cross-examine that person.

If a child is mature enough to provide depth to the court's decision when it comes to child custody and visitation, this is an important part of the process of the case being resolved fairly and reasonably. A law firm that has extensive family law experience with skill at divorce, child custody, visitation rights and more can help at any point in this process, especially when the child will be interviewed in a case.

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Mary Kay Kramer, P.C.
1820 West Colorado Avenue
Colorado Springs, CO 80904

Phone: 719-362-5113
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