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Colorado Child Custody Factors

In Colorado, the court determining the best interests of the child for purposes of custody and parenting time, the court shall consider all relevant factors, including:

  • The wishes of the childís parents as to parenting time;

  • The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;

  • The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the childís best interests;

  • The childís adjustment to his or her home, school, and community;

  • The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;

  • The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;

  • Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;

  • The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;

  • Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence;

  • Whether one of the parties has been a perpetrator of spouse abuse which factor shall be supported by credible evidence;

  • The ability of each party to place the needs of the child ahead of his or her own needs. (Colorado Statutes - Article 10 - Sections: 14-20-123, 14-20-124, 14-20-129)

    In Colorado, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they canít, the court will do it for them. You can also read more about Colorado child custody in the Colorado state statutes located at: http://198.187.128.12/colorado/.