{"id":372038,"date":"2019-07-30T11:35:53","date_gmt":"2019-07-30T16:35:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/colorado-law\/factors-considered-for-the-best-interests-of-a-child-in-colorado.html"},"modified":"2019-07-30T15:19:28","modified_gmt":"2019-07-30T20:19:28","slug":"factors-considered-for-the-best-interests-of-a-child-in-colorado","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/colorado-law\/factors-considered-for-the-best-interests-of-a-child-in-colorado.html","title":{"rendered":"Factors Considered for the Best Interests of a Child in Colorado"},"content":{"rendered":"\n
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Factors Considered for the Best Interests of a Child in Colorado<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Colorado has laws in place to put your child’s best interests first when it comes to custody and parenting time plans. In a legal sense, a child\u2019s "best interests" often include keeping their home life, school, and schedule as normal as possible. It also focuses on a child having a loving and supportive relationship with both parents after divorce.<\/p>\r\n

While sometimes referred to as the \u201cbest interests of the child test," this process is not a written test that parents take. Instead, the Colorado courts will question both parents (and in some cases the child) to determine if one or both parents can offer the child a happy, safe home. Most judges want a child to see both parents 50\/50. The \u201ctest\u201d considers various factors to determine if one parent should have less custody, or if a 50\/50 split would be successful for the child\u2019s happiness.<\/p>\r\n

Colorado Statutes and Requirements<\/h2>\r\n

The courts will consider the statutes and factors outlined in the table below during a child custody hearing:<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Colorado Revised Statutes Article 14: Domestic Matters lists the relevant laws about a child\u2019s best interests:<\/p>\r\n

Factors Considered by the Courts<\/b><\/p>\r\n<\/td>\r\n

The law looks at a variety of factors when considering a child custody plan:<\/p>\r\n

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  • Both parent\u2019s wishes;<\/li>\r\n
  • The child\u2019s wishes (if they are considered mature enough to offer their opinion \u2013 often age 12 or older);<\/li>\r\n
  • The relationships between parents, siblings, extended family, and parents\u2019 significant others;<\/li>\r\n
  • The home, school, and community the child is accustomed to;<\/li>\r\n
  • The mental and physical health of both parents and the child (note: disability is not a legal reason to deny parenting time);<\/li>\r\n
  • The parents\u2019 behavior toward each other \u2013 namely, the ability to cooperate and encourage positive relationships between the child and other parent;<\/li>\r\n
  • The parents\u2019 behavior in the past \u2013 namely, spending time with the child, keeping commitments, personal values and supporting the child and other parent;<\/li>\r\n
  • The distance between both parents’ homes;<\/li>\r\n
  • Each parent\u2019s willingness to put their child\u2019s best interests first;<\/li>\r\n
  • The ability of each parent to make decisions together to benefit the child; and<\/li>\r\n
  • What type of custody plan would offer the most time with each parent.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Abuse in Child Custody Cases<\/b><\/p>\r\n<\/td>\r\n

The law will not tolerate abuse by any parent or guardian. You have the right to defend the best interests of a child by:<\/p>\r\n

Factors the Courts Cannot Consider<\/b><\/p>\r\n<\/td>\r\n

There are legal protections in place for each parent during custody hearings. It protects their biological rights, lifestyle, and choices and makes it is illegal for the courts to hold these factors against either parent:<\/p>\r\n

Non-Biological Custody Options<\/b><\/p>\r\n<\/td>\r\n

The courts tend to give biological parents as much custody as possible. In some cases, they may consider parenting time rights for a non-biological adult if it is in the child’s best interests. If you are a stepparent, ex-stepparent, ex-significant other, non-biological adult who helped raise the child, grandparent, or other family member, you can petition for custody rights, adoption, or parenting time with the help of an attorney.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Best Interest Laws Are There to Protect Minors<\/h2>\r\n

Colorado law will always see a child under 18 years old as a minor<\/a> who needs to have their best interests protected. These laws and the custody hearing process are used to gather an accurate look at the lifestyle each parent will provide and prevent unstable living environments before they occur. While the process can feel scary or unfair, it is in place to protect both parents\u2019 rights to see their child. The process is there to help minors who may not be able to make these significant decisions on their own.<\/p>\r\n

What to Expect After Discussing Best Interest Factors<\/h2>\r\n

After these discussions occur, the judge will decide on the custody arrangement or order both parents to try to come to an agreement using mediation (Section 13-22-311<\/a>). Depending on the child\u2019s best interests, both parents may have 50\/50 custody, or a parent may be limited to weekends, one or two nights, or supervised visitation. In some cases, parental rights may be given away or legally taken away \u2013 a process called termination of parental rights<\/a>.<\/p>\r\n

If your circumstances change, you and your attorney can suggest a new plan to the other parent or use mediation to find an agreement. If you cannot find a good compromise, a judge can meet with everyone to determine a new parenting time plan that works well for both parents and their new schedules.<\/p>\r\n

Research the Law<\/h2>\r\n