Colorado Child Custody
Colorado child custody is determined by Colorado Domestic Law Title 14, Article 10, Section 124 14-10-124
Best interests of the child.
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If you are involved in a Colorado child custody dispute case, getting a child custody lawyer should be your first order of business. Nothing else you do will have as great an impact on your child custody case.
Legislative Declaration
(1) The general assembly finds and declares that it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage. In order to effectuate this goal, the general assembly urges parents to share the rights and responsibilities of child-rearing and to encourage the love, affection, and contact between the children and the parents.
Allocation of Parental Responsibilities
(1.5) The court shall determine the allocation of parental responsibilities, including parenting time and decision-making responsibilities, in accordance with the best interests of the child giving paramount consideration to the physical, mental, and emotional conditions and needs of the child as follows:
Determination of Parenting Time
(a)The court, upon the motion of either party or upon its own motion, may make provisions for parenting time that the court finds are in the child’s best interests unless the court finds, after a hearing, that parenting time by the party would endanger the child’s physical health or significantly impair the child’s emotional development. In determining the best interests of the child for purposes of parenting time, the court shall consider all relevant factors, including:
- The wishes of the child’s parents as to his custody;
- 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 parents, his siblings, and any other person who may significantly affect the child’s best interests;
- The child’s adjustment to his 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 custodian to encourage the sharing of love, affection, and contact between the child and the other party;
- Credible evidence of the ability of the parties to cooperate and to make decisions jointly;
- Credible evidence of 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 which would indicate an ability as joint custodians to provide a positive and nourishing relationship with the child;
- The physical proximity of the parties to each other as this relates to the practical considerations of awarding joint custody;
- Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parties;
- 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. If the court makes a finding of fact that one of the parties has been a perpetrator of child abuse or neglect, then it shall not be in the best interests of the child to award joint custody over the objection of the other party or the guardian ad litem of the child.
- Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parents has been a perpetrator of spouse abuse, then it shall not be in the best interests of the child to award joint custody over the objection of the other party or the guardian ad litem of the child, unless the court finds that the parties are able to make shared decisions about their children without physical confrontation and in a place and manner which is not a danger to the abused spouse or the child.
(2) The court shall not consider conduct of a proposed custodian that does not affect his relationship to the child.
(3) In considering a proposed custodian, the court shall not presume that any person is better able to serve the best interests of the child because of that person’s sex.
(4) If a parent is absent or leaves home because of spouse abuse by the other parent, such absence or leaving shall not be a factor in determining the best interests of the child. For the purpose of this subsection (4), "spouse abuse" means the proven threat of or infliction of physical pain or injury by a spouse on the other parent.
Where to find a Child custody lawyer.