How is Child Custody Determined in Colorado?

December 2, 2024

How is Child Custody Determined in Colorado?

When parents in Colorado decide to separate or divorce, determining child custody is often one of the most important and emotionally charged aspects of the process. Colorado law prioritizes the best interests of the child, and a variety of factors are considered when deciding custody arrangements. At Peter A. Garin Attorney at Law, we provide legal assistance to the Colorado public, helping parents navigate the child custody process and secure a fair arrangement that benefits both them and their children.

Types of Custody in Colorado

In Colorado, child custody is divided into two primary types: legal custody and physical custody.

Legal Custody
Legal custody refers to the right to make important decisions regarding the child’s upbringing, including decisions about education, healthcare, religion, and general welfare. In Colorado, legal custody can be awarded to one parent (sole legal custody) or both parents (joint legal custody). Joint legal custody is most common, as courts generally prefer that both parents remain involved in significant decisions concerning their child’s life.
Physical Custody
Physical custody refers to where the child will live on a daily basis. A parent with physical custody is responsible for the child’s day-to-day care. In Colorado, physical custody can also be shared (joint physical custody) or awarded to one parent (sole physical custody). Joint physical custody doesn’t necessarily mean equal time with the child, but it does reflect the idea that both parents are actively involved in the child’s life.

Factors That Affect Child Custody in Colorado

Colorado courts use a "best interests of the child" standard when making custody decisions. Several factors are considered, including:

The Child’s Wishes
If the child is old enough and mature enough (usually over the age of 14), their preference regarding custody may be taken into account. However, the weight given to the child's wishes will depend on the individual circumstances.
The Parents’ Wishes
Courts also consider the preferences of each parent regarding custody and the proposed parenting plan.
The Child’s Relationship with Each Parent
The strength of the relationship between the child and each parent is a key factor. The court will assess which parent has been the primary caregiver and whether either parent has shown a preference for a particular custodial arrangement.
The Child’s Adjustment to Home, School, and Community
Courts consider how well the child is adjusted to their current living situation, including their school, community, and social environment. Stability is a primary concern.
The Parents’ Ability to Cooperate
Parents must demonstrate that they can communicate and cooperate regarding the child's upbringing. A history of conflict between parents may influence custody decisions.
Any History of Abuse or Neglect
Any history of abuse, neglect, or substance abuse issues by either parent will heavily influence custody decisions. Colorado courts prioritize the safety and well-being of children above all else.

Creating a Parenting Plan in Colorado

In Colorado, parents are encouraged to work together to create a parenting plan that outlines custody and visitation schedules. If parents are unable to agree on a plan, the court will step in to make the decision for them, always with the child’s best interests in mind. In some cases, a court-appointed mediator may assist in resolving custody disputes.

How Peter A. Garin Attorney at Law Can Help

Child custody issues can be complicated and emotionally challenging. Whether you’re seeking primary custody, shared custody, or a modification of an existing custody arrangement, the experienced team at Peter A. Garin Attorney at Law can guide you through the legal process. We are dedicated to helping parents achieve a custody arrangement that is fair and in the best interest of their children.

If you need legal assistance with child custody in Colorado, contact us today to schedule a consultation. We’re here to help protect your rights and the well-being of your children.

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Factors a Colorado Court Considers in Divorce

By Peter Garin • August 31, 2023

Divorce can be a difficult and emotional process, especially if you have children and valuable assets involved. Couples who have decided to file for divorce in Colorado must understand the critical factors that the court considers to handle the divorce case. Understanding these factors can prepare parties for what to expect and help them make informed decisions. In this blog post, we will discuss the essential factors that a Colorado court considers during a divorce proceeding. 1. Property Division One of the significant issues in any divorce proceeding is the splitting of property between the parties. During a divorce proceeding, the court will consider several factors to achieve an equitable distribution of property. The court considers the length of the marriage, the financial disposition of each party, and the overall value of the property or assets to be divided. 2. Child Custody When a couple with children files for divorce, the court must consider the welfare of the children involved, including their best interest. Colorado courts usually award joint custody unless one parent is deemed unfit to be a custodial parent. Other factors that the court considers include the emotional, social, and educational needs of the child and the wishes of the child (if they are mature enough). 3. Child Support In Colorado, child support is calculated based on the combined gross income of both parents, the number of minor children involved, and the amount of parenting time allotted to each parent. The court may also consider the child’s medical and educational expenses. Child support is designed to ensure that the child’s financial needs are adequately met. 4. Spousal Support Spousal support, also known as alimony, is financial support paid by one spouse to the other after the divorce is finalized. The court considers several factors when determining the amount and duration of spousal support, including the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage. Spousal support is usually meant to be temporary to allow the lower-earning spouse time to become financially stable. 5. Mediation Mediation is an alternative to divorce litigation whereby the parties work with a mediator to reach an agreement on various divorce-related issues. Mediation can save time, money, and emotional stress for the parties involved. The parties can also retain more control over the outcome, as opposed to leaving it entirely in the hands of the court. Divorce is never easy for anyone involved, but it can be less complicated if both parties understand what to expect. By knowing the factors that Colorado courts consider during a divorce proceeding, you can better prepare yourself for the process and make informed decisions. Working with an experienced family law attorney can help you navigate the process and achieve the best possible outcome. If you are considering filing for divorce or are currently involved in a divorce proceeding, consult with an experienced attorney today.