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At Durango Family Law, we know how difficult and emotional child custody battles can be. When parents separate or divorce, one of the most challenging issues they face is determining custody arrangements for their children.
The well-being of children is always the top priority, and courts in Colorado take several factors into account when making child custody decisions. As experienced family law attorneys, we guide our clients through the process, helping them understand what factors courts consider to arrive at a fair and balanced decision.
When it comes to child custody in Colorado, the court doesn’t simply make a decision based on what one parent wants or the other. Instead, the court weighs multiple factors, all focused on what's best for the child.
As parents, it’s important to understand that Colorado law uses the "best interests of the child" standard, which prioritizes the child’s emotional, mental, and physical well-being over all else. Below, we outline the key factors that play a role in child custody decisions.
The court will carefully consider the child’s relationship with each parent, looking at how each parent has been involved in the child's life. Courts prefer to maintain strong relationships with both parents unless there are significant issues such as abuse or neglect. The following aspects are assessed:
Emotional bonds: How strong is the bond between the child and each parent?
Parental involvement: Has each parent been active in the child's daily life, including taking part in activities, schooling, and medical care?
Parenting history: Courts will also look at who has historically taken the primary role in caregiving for the child.
If one parent has been the primary caregiver, the court may consider whether the child is better off continuing in that arrangement for stability, especially if the other parent has not been involved in these aspects of care.
In Colorado, a child’s preferences can influence custody decisions, though this is more significant as the child grows older.
Once a child is 14 years old, they may express their preference on custody arrangements, and the court will give those preferences substantial weight. For younger children, the court may still consider their wishes, but those will be weighed along with other factors.
Maturity and reasoning: How well does the child understand the situation and their reasons for preferring one parent over the other?
Consistency: Is the child’s preference consistent, or does it change depending on the circumstances?
The child’s voice is considered an important factor, but courts still prioritize the best interests of the child above all.
The court will evaluate each parent's ability to meet the child's emotional, physical, and developmental needs. They will look at each parent's willingness and ability to provide a stable home environment, including factors like:
Housing stability: Does the parent have a stable home that is safe and suitable for the child?
Emotional and mental health: Is the parent capable of managing the child’s emotional needs and creating a nurturing environment?
Financial stability: While financial resources aren’t the primary deciding factor, courts will consider whether each parent can provide for the child’s basic needs, including food, clothing, and education.
Parenting skills: Does the parent have the ability to be responsive to the child’s emotional and psychological needs?
A parent’s ability to meet these needs can significantly impact the court’s decision.
A major factor in child custody battles is the child’s current situation in their home, school, and community. Stability plays a major role in the court’s decision-making process. The court will evaluate:
Current living situation: Is the child settled into their current home environment?
School and community ties: Does the child have strong ties to their school or community activities?
Potential disruption: Will relocating the child to another home create unnecessary disruption in their life, including affecting their education or friendships?
If a child is well-adjusted and thriving in their current environment, the court will be hesitant to uproot them unless there's a compelling reason.
If there is any history of abuse or domestic violence by one of the parents, this will be a critical factor in determining custody. Colorado courts prioritize the safety and well-being of the child, and any evidence of abuse or violence can lead to a parent being denied custody or visitation. Types of abuse the court will look for include:
Physical abuse: Any history of physical harm toward the child or the other parent.
Emotional abuse: Evidence of emotional manipulation, threats, or degradation of the child or other parent.
Substance abuse: If a parent has a history of substance abuse that impacts their ability to care for the child, this may be considered in the custody decision.
In cases involving abuse, the court may order supervised visitation or restrict custody entirely.
The court values cooperation between parents when it comes to sharing custody. Parents who can co-parent effectively, working together for the benefit of the child, are more likely to be awarded joint custody. The following factors will be considered:
Communication: Do the parents communicate well with each other regarding the child’s needs, schedules, and health?
Flexibility: Are the parents flexible when it comes to making adjustments to the custody schedule as needed?
Willingness to support the child’s relationship with the other parent: Does the parent encourage the child’s relationship with the other parent, or do they try to interfere with the child’s time with the other parent?
If one parent is obstructive or unwilling to work with the other parent, the court may favor the other parent in the custody decision.
In some cases, a parent may plan to move to a different location, whether it’s for work, personal reasons, or other factors. Courts will evaluate how this relocation might impact the child’s relationship with both parents and their overall well-being. Key considerations include:
Distance: How far away is the proposed move?
Frequency of visits: Will the move make it difficult for the child to maintain regular contact with both parents?
Potential impact on the child: Will the move disrupt the child’s schooling, friendships, or community involvement?
Relocation can be a complicated issue in child custody cases, and the court will always prioritize the child’s best interests when making a decision.
Preparing for a child custody hearing is crucial to achieving a positive outcome. As we’ve discussed, the court will evaluate various factors when determining custody, so it’s important to approach the process with careful planning and organization. Here are some steps you can take to prepare effectively:
Gather evidence: Collect any documentation or evidence that supports your case. This may include text messages, emails, or any written communication between you and the other parent. Additionally, if you have a history of involvement in your child’s life, such as school records, medical records, or photographs, these can help establish your role as a primary caregiver.
Organize your financial and living situation: The court will likely consider your financial stability and living arrangements. Be prepared to demonstrate that you have the resources and a stable environment to care for your child. This may include providing proof of income, housing stability, and your ability to meet the child’s daily needs.
Consult a lawyer: Having an experienced family law attorney by your side is essential. An attorney can provide valuable advice, help you gather necessary evidence, and represent you in the courtroom. They can also assist in drafting a custody agreement that meets both your needs and those of your child.
Be prepared to discuss your relationship with your child: The court will want to hear about your relationship with your child, how you plan to co-parent, and what arrangements will be in their best interest. Be ready to explain your approach to parenting, your involvement in your child’s life, and how you will maintain a healthy relationship with both parents.
Consider mediation: Before heading to court, mediation may be an option. In many cases, the court will encourage or require mediation to help parents resolve custody disputes outside of court. Mediation can be a less adversarial process and may lead to a more cooperative co-parenting arrangement.
Being well-prepared for a child custody hearing can help you present a strong case and increase the likelihood of a favorable outcome. By understanding what the court will focus on and taking the necessary steps to prepare, you can confidently approach your hearing and advocate for your child's best interests.
If you’re facing a child custody battle in Colorado, it’s important to understand the factors that courts consider when making their decision. We at Durango Family Law are here to guide you through the process, providing the support and experience you need.
Located in Durango, Colorado, we serve clients in Pagosa Springs, Cortez, Dolores, Silverton, Hermosa, Hesperus, La Plata County, Montezuma County, and San Juan County. Contact us today to discuss your child custody case.
At Durango Family Law, located in Durango, Colorado, we know how difficult and emotional child custody battles can be. When parents separate or divorce, one of the most challenging issues they face is determining custody arrangements for their children.
Marriage is a significant commitment, and while love and trust are essential, practical considerations also play a role. A prenuptial agreement allows both partners to clarify financial expectations before marriage, providing a legal structure for how assets and obligations will be handled.
With years of experience in child support, custody disputes, and family law matters, we have helped numerous families achieve resolutions that prioritize the child’s best interests. We know that each family’s circumstances are unique, and we take the time to listen carefully to your goals and concerns.
