2nd Feb 25 2:19 am
JamieAccording to the U.S. Census Bureau, 25% of all children under the age of 21 live with only one parent in their primary residence. The Bureau also notes that a significant portion of these children face poverty due to various challenges – including the lack of child support. With so many children facing these issues, the initial child custody decision has the potential to create life-altering consequences for entire families. Parents who approach child custody issues in Colorado may wonder what kind of decision-making processes family courts follow. How do they decide which parent should receive primary custody? What steps does a family court judge take to ensure the well-being of a child after divorce? Parents may wish to ask these questions during a consultation with the Colorado Divorce Law Group. Consider calling (720) 593-6442 to explore this subject in more detail.
The first thing parents should understand about child custody is how family courts consider “best interest factors” when making their final decisions. A common misconception is that family court judges will listen carefully to the needs, priorities, and wishes of each parent. In reality, family courts in Colorado almost exclusively focus on the best interests of each child – and little else. As a result, it is important to carefully consider these best interest factors when approaching child custody in Colorado.
Womens Law outlines the various best interest factors for child custody decisions in Colorado. Parents may want to become familiar with all of them before pursuing child custody goals. Carefully craft legal arguments around these best interest factors, and may be easier to pursue positive outcomes with greater confidence. Consider speaking with Colorado Divorce Law Group to discuss each of these factors in more detail.
Family courts in Colorado consider the wishes of the child, as long as the child is mature enough to express their preferences. Courts also consider existing family ties between siblings, grandparents, and other important relatives. The goal is to maintain these relationships, as long as they serve the best interests of the child. Domestic violence could affect custody decisions, and courts consider any past instances of abuse or violence between family members (even if the child was not involved). In addition, the family court considers the connection of each child to their community, home, and school. The mental and physical health of all parties may affect custody decisions. Parents who mutually support and encourage each other to maintain relationships with children may be rewarded with more positive custody outcomes. In contrast, those who engage in “parental alienation” may experience less favorable outcomes. Finally, the physical distance between family homes could affect child custody outcomes.
Parents should recognize the difference between legal and physical custody. Physical custody involves the amount of time the child spends with each parent. Parenting time may be shared equally, or one parent might receive primary custody. In contrast, legal custody involves the decision-making authority of each parent. Legal custody might also be shared, which means both parents have the right to decide how they want to raise their children. Alternatively, one parent might have sole legal custody – and they may have the right to make major childcare decisions without any input from the other parent. The most common outcome in Colorado is shared legal custody and shared physical custody. In other words, the child will spend roughly the same amount of time with each parent – and the parents both have a say in how they raise their child.
Mothers do not get preferential treatment in custody battles. Colorado law states that family courts should “strive not to” consider gender, religion, sexual orientation, or race when making child custody decisions. Judges must eliminate their own personal biases when approaching all legal cases – including those involving child custody.
Although family courts have the authority to make binding decisions on child custody, parents may also create their own agreements in private after divorce. In fact, mediation is usually mandatory for divorcing parents in Colorado. Before parents proceed with a litigated divorce battle in court, they generally need to at least attempt to resolve their differences through mediation.
Mandatory or not, mediation is often a positive option for divorcing parents in Colorado – giving them more control over custody arrangements. Many parents would rather not leave final custody decisions up to a judge. Compared to a judge, the average parent understands their own family complexities to a much greater extent. Mediation can lead to more creative and flexible arrangements, and it may leave parents with less bitterness and resentment after divorce.
Parents who want sole physical and legal custody of their children should be realistic about their goals. Unless the other parent has a history of abusing or neglecting the child, it may be difficult to completely eliminate them from the childraising process. Like all states, Colorado recognizes that a child benefits from having both parents in their life. The court may take steps to maintain the ties between a parent and a child – even if the parent has struggled with substance abuse, criminal charges, and other issues. Supervised visits may be difficult to avoid, even if the parent has harmed the child in the past.
That said, various strategies could help parents spend as much time as possible with their children after divorce. For example, a parent might argue that their residence is closer to a school or community center frequented by their children. They might also set up a designated homework area in their residence, making the home seem more suitable for academic success. In addition, parents may want to avoid making certain statements about their exes on social media – as this could constitute parental alienation.
While family courts must follow various guidelines when making child custody decisions after divorce, each situation is different. Parents may struggle to predict outcomes simply by conducting online research, as this type of guidance may fail to address their unique circumstances. These circumstances may include the disabilities, educational needs, and community connections of each child (to name but a few). Parents may choose to discuss their specific family priorities and goals alongside Colorado Divorce Law Group. Consider dialing (720) 593-6442 to continue discussing child custody options in Colorado.
