“How do the courts decide child custody in Colorado?”
This is a fairly common question in the world of family law. Judges consider a variety of factors when it comes to Colorado child custody.
It should be noted that, in Colorado, “custody” is no longer a legally recognized term. Instead, courts in the state use the term “parental responsibility for decision-making.”
The court will issue orders for responsibility for major life decision-making in four areas:
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Educational decisions
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Medical decisions
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Religious decisions
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Extracurricular activities
Sole decision-making (one person making all decisions) can be awarded in all four areas if determined by the court to be in the best interest of the child. The other option is for shared or “joint” decision-making, in which both parents are to jointly make parental decisions for the child.
But how does a court determine the best interest of the child? The Colorado legislature, in their infinite wisdom, has created a framework in which there are many factors of consideration:
Pattern of Involvement
One factor in parental responsibility is whether or not the past pattern of involvement of the parties reflects a system of time commitment, mutual support, and values.
Any party seeking sole or joint parental responsibility for decision-making will need to convince the court they’ve made a time commitment to the child.
An uninvolved parent will have difficulty attaining parental responsibility for decision-making, as courts place an emphasis on patterns of involvement. The allocation of joint decision-making responsibility can potentially promote more frequent or continuing contact between a child and the parties involved.
Recently, some courts have encouraged joint parental decision-making in order to keep both parents involved in the child’s life. In this situation, the court needs to consider if joint decision-making will result in more frequent contact between the child and both parties.
The Wishes of the Parents and the Child
Courts will also consider the wishes of the parents when making a decision on parental responsibility for decision-making. If the child shows the maturity to show reason and signs of independence, the court will consider the child’s preferences.
Interrelationships
The interaction and interrelationships between the child and their parents, siblings, and anyone else involved in the child’s best interests will be reviewed. In the case of a blended family, the court will also consider relationships with step siblings.
Domestic Violence
Information regarding domestic violence from the involved parties, as well as therapists, experts, and the Department of Human Services, is another factor when it comes to parental responsibility for decision-making.
Child’s Adjustment
In most situations, the parents are separated when litigating the issue of major life decisions for the child. The child’s adjustment to their current home, school, and community will be examined.
Many judges want to see the child in the same home, school, and community as much as possible to keep a sense of stability, especially during the difficult process of these disputes.
Mental & Physical Health
This can often be a hotly contested factor in parental responsibility for decision-making., especially if one party suffers from a mental illness that affects their joint parental decision-making. Mental testing can be required in rare situations.
Sharing Love & Affection
The encouragement to share love, affection, and contact with the child is also important. It’s not uncommon in these situations for a parent to disparage the other party, isolate the other parent to gain an advantage, or discourage the relationship between one parent and the other party.
This factor looks to prevent these types of issues, favoring the party that encourages sharing contact, affection, and love between the child and other parent.
Placing Needs of the Child First
Finally, the courts will see which party places the needs of the child ahead of their own. In a case where one party clearly puts the needs of the child first, that party will have an advantage, as the best interest of the child is shown to be a priority.
We Can Help
If you’re in the midst of a case involving parental responsibility for decision-making., Law One is here for you. Our family law experts will work with you to ensure the process is as simple and stress-free as possible.
For a free consultation, call our offices at (303) 831-8313. Our office is conveniently located in the LoDo neighborhood of downtown Denver, Colorado.
