How Do Courts Decide Child Custody?

The most serious decisions made in Colorado Family Courts are child custody judgments which greatly impact the physical and emotional well-being of children. A child custody decision affects the entire family. In Colorado, the courts uphold the standard of making all decisions in the child’s best interest. When a custody case goes to court during a divorce or between non-married parents, each parent must demonstrate to the court why the parenting schedule or primary custody they seek is in their child’s best interest.

Before going to court for a case with such a critical outcome for your family, it’s important to understand how Colorado courts make decisions on child custody. Contact our experienced Denver child custody attorneys to understand your rights and get the best outcome for your case.

What Do the Colorado Courts Consider as In a Child’s Best Interest?”

Under the “best interests of the child” standard, a judge decides the best outcome for a child’s living situation and legal decision-making authority by emphasizing the child’s physical safety, emotional well-being, and overall best chance for happiness. The courts begin each child custody case with the presumption that “continued close contact” with both parents is what is in a child’s best interest and can even issue emergency custody if needed.

This presumption is rebuttable in court, meaning a parent may present evidence showing that continued close contact with the other parent isn’t in the child’s best interest. A parent must make a compelling case that the other parent’s history of abuse, neglect, domestic violence, serious substance abuse, or criminality places the children at risk. Our Denver family lawyers can help you build the best case for your custody battle.

In other cases, a parent may present evidence that it’s in their child’s best interest for them to have primary custody while the other parent has visitation rights rather than equally shared parenting time.

What Do the Courts Consider When Making Child Custody Decisions In Colorado?

The judge in a child custody case hears arguments presented by both sides in custody disputes when divorcing or non-married parents aren’t able to reach a mutual agreement on a shared parenting-time schedule. The court in Colorado considers the following under §14-10-124 – Best interests of the child:

• Each parent’s wishes for the desired custody outcome in their case
• The wishes of the children if they are mature enough to reasonably express their preference
• The child’s daily interactions and relationship with each parent 
• The child’s adjustment and attachment to their home and community
• Any allegations of domestic violence, child abuse, child neglect, serious substance abuse, mental health conditions or criminality
• Each parent’s willingness and ability to facilitate a continued close relationship between their child and the other parent
• Each parent’s level of past involvement in the child’s life and whether it reflects a time commitment and a loving, nurturing, supportive relationship
• A child’s special needs for existing medical conditions

Finally, the court also considers practical matters, such as the distance between both parents’ homes or one parent’s home and the children’s school or daycare, or whether or not one parent’s job involves extensive travel or an unrealistic, inflexible schedule.

How Can a Colorado Child Custody Lawyer Help?

It takes strong testimony and compelling evidence to present a parent’s goals for their child custody outcome in a manner that supports the “best interest of the child” standard in court. Call the experienced child custody attorneys in Colorado at Ciancio Ciancio Brown, P.C. so we can begin a legal strategy in your child custody case. Our firm encourages a low-conflict resolution whenever possible without compromising on your child’s best interests.