If you are divorcing and have children involved, you will likely be concerned about custody matters. This is referred to as the “allocation of parental responsibilities,” and it determines how parents will share time and decision-making with the child. It also determines child support.
The courts make the final decision about child custody. Most judges believe that children should have both parents involved in their lives. However, there may be situations in which sole custody is the better choice, such as in cases of severe abuse, neglect, substance abuse, incarceration, or circumstance that makes joint decision-making unsafe, dangerous, or impossible.
In any case, the court will make custody decisions based on the children’s best interests. The various factors involved under Colorado law can be found in Colo. Rev. Stat. § 14-10-124. Here’s a look at some of these factors in more detail.
The ability of Each Parent to Place the Child’s Needs Ahead of Their Own
This is important, as the court wants to see that you and the other parent can work together for what is best for your child. This means that parents need to be able to communicate reasonably with each other about their children, even if they do not get along well.
Mental and Physical Health of the Parents and Child
While a disability does not automatically disqualify a parent from spending time with or parenting their child, the court wants to ensure that the parents can properly care for their child. Therefore, the court can consider the mental and physical health of the parents. A child’s physical and mental health is also important because the court wants to ensure the child’s needs are met.
Child’s Adjustment to Home, School, and Community
The court wants to see what your child is involved with at school and in the community. A court may be reluctant to make the child move or switch schools if they are doing well in their current situation.
Your Involvement With the Child
How involved were you with your child before the divorce? Were you the primary caregiver? If not, will that change now? What is your expected time commitment to the child? What are your values in this regard?
Physical Proximity of the Parents to Each Other
This is a practical matter. The closer you live to each other, the easier it will be to come up with a parenting plan. If the non-custodial parent lives hours away, they may not see the child as much due to logistics.
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Child custody is an emotional topic for many divorcing parents. However, there is often a lot of selfishness involved in these cases, with parents using children as weapons or pawns against the other parent and seeking custody out of revenge.
Will you get custody? Do you have the best interests of your children in mind? Tanis McGonegal Family Law, P.C. can help you better understand your rights and work toward the best outcome possible for your children and family. They even work to do as little harm as possible and preserve the relationships between you and your children and the other parent; when doing so can be healthy for the children. Contact our Colorado divorce lawyers by calling (303) 465-4605 or filling out the online form.
