Colorado courts give a lot of deference to parents’ wishes when they work together to create a co-parenting plan. However, when parents are unable to reach an amicable decision regarding physical and/or legal custody, the court makes these crucial decisions by considering what is in the child’s best interests. Some of the most important factors that Colorado courts consider when making custody determinations include the following:
Each Parent’s Role Before the Colorado Divorce
Courts are interested in maintaining the status quo and not causing major changes that could disrupt the child’s life, if possible. If a parent was not particularly involved in their child’s life before the separation, the court will not assume that this will magically change just because of a divorce. Parents who were active in their child’s life and part of making major decisions about them are more likely to be awarded greater custody rights than those who did not have these roles.
The Parents’ Relationship with the Child
Family court judges consider the quality of a child’s relationship with each parent. If the child is much closer to one parent, the court could reason that removing the child from that parent’s care could make the child’s life more difficult. This could lead to the court granting more custodial time with the parent that the child has a closer relationship with, while also providing an opportunity through visitation to promote a positive relationship with the other parent.
The Relationship Between the Parents
The court will also consider the relationship and track record between the parents. If the parents have a history of getting along, a more flexible schedule may be better for the family unit. If they do not get along, stringent schedules that leave no room for confusion might be better.
A Parent’s Fitness
The court will also consider each parent’s fitness to have custody of their child. This may involve contemplating factors, such as:
- The parent’s mental health
- The parent’s physical health
- Criminal records
- History of domestic violence
- A history of substance abuse problems
When considering this factor, the court wants to ensure that the child will be safe with the parent. If the court has cause for concern, it might order supervised visitation. It could also order the parent to counseling or rehabilitation before it grants the parent more liberal time with the child.
The Parent and Child’s Physical Location
The court must also consider the logistical aspects of the arrangement. If the parents live close to each other, a schedule in which each parent has the child for a few days and trades with the other parent may be feasible. However, if the parents live hours away or even in different states, the arrangement might provide for less frequent visits of longer durations.
The Child’s Preferences
If the child is old enough and mature enough to express their preferences, the court can consider them, along with other factors.
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