Is Colorado a 50/50 Child Custody State?

The Best Interest of The Child Standard

The most important factor the court considers when making a parenting time decision is the best interest of the child. This includes the child’s safety and their physical, mental, and emotional well-being. The court also considers the relationship between the child and their parents, the potential for adjusting to new living arrangements, and the parent’s mental and physical health, among other factors.

“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 child’s safety and the physical, mental, and emotional conditions and needs of the child.”

C.R.S. § 14-10-124

In making a determination, the court takes into account the wishes of each parent and the child if they are considered mature enough. Additionally, the court reviews the past involvement of each parent, the physical proximity of the parents, and their ability to prioritize the children’s needs over their own.

Overall, the goal of the court is to allocate parental responsibilities, including parenting time and decision-making, in a manner that serves the best interests of the child.

Key Factors Considered By The Court

1. Child’s Safety & Well-Being: The court prioritizes the child’s safety and overall well-being, considering whether the proposed custody arrangement will provide a secure and nurturing environment.

2. Child-Parent Relationships: The quality of the child’s relationship with each parent is a crucial factor. The court evaluates the bond between the child and parents, aiming to preserve meaningful connections.

3. Adjustment To New Living Arrangements: Courts assess how well a child can adapt to new living arrangements, aiming to minimize disruptions and stress during the transition.

4. Parents’ Mental & Physical Health: The mental and physical health of both parents is taken into consideration. This ensures that parents are capable of providing the necessary care and support to the child.

5. Child’s Wishes: If the child is deemed mature enough to express their preferences, their wishes are considered by the court, though they are not the sole determining factor.

6. Past Parental Involvement: The court reviews each parent’s past involvement in the child’s life, considering factors such as caregiving responsibilities, involvement in school activities, and participation in extracurriculars.

7. Physical Proximity Of Parents: The geographic location of each parent is also considered, as it can impact the feasibility of specific custody arrangements.

8. Ability To Prioritize The Child’s Needs: The court evaluates each parent’s ability to prioritize the child’s needs and interests over their own, ensuring that the child’s best interests remain the focus.