Family Law Blog

Colorado Child Custody Law: What Are a “Child’s Best Interests”?

By Denver Divorce Lawyer on March 7, 2011

Many states require that family law judges consider the “best interests of a child” when sorting out custody and visitation arrangements. However, not all states agree on what should be considered by a judge when deciding what a child’s best interests are.

Colorado law requires courts to consider “all relevant factors” that relate to the best interests of a child. These include:

• The wishes of the parents and the child regarding who should have custody;
• The relationship between the child, each parent, their siblings, and others who may affect the child’s best interests;
• The child’s comfort level in their home, school, and community;
• The physical and mental health of the child, the parents, and any siblings;
• The ability of the parents to cooperate, to make decisions on the child’s behalf, and to “encourage the sharing of love, affection, and contact between the child and the other party”;
• If the parents will be able to provide healthy relationships with the child if they have joint custody;
• Whether joint custody would give the child more time with each parent than visitation; and
• The criminal histories of both parents, including charges and convictions of child or spousal abuse or neglect.

In addition, Colorado courts are forbidden from considering a parent’s actions unless they directly affect the parent’s relationship with the child. They are also forbidden from presuming that one parent would be better for the child than the other based solely on the parent’s gender.

Divorce is a complicated and emotionally charged process. The help of an experienced Colorado family law attorney is invaluable during this difficult time. If you are facing divorce in Colorado, call Kaplan Law, LLC today at 1-877-527-5260 to schedule a free consultation.