The “Best Interests of the Child” Standard: What Colorado Parents Need to Know About Custody
For any parent facing a divorce or custody dispute in Colorado, the most critical legal phrase you will encounter is the "Best Interests of the Child" standard. This is the bedrock of all court decisions regarding parental responsibilities (what was formerly called "custody").
At Heritage Family Law, we guide you through the process, ensuring your advocacy is always focused on the factors the Colorado family court prioritizes, as laid out in the governing statute, C.R.S. § 14-10-124.
Understanding this standard is essential not just for a court victory, but for creating a lasting parenting plan that truly serves your child's well-being.
Understanding Allocation of Parental Responsibilities
Colorado does not use the old terms "custody" and "visitation." Instead, Parental Responsibilities are allocated into two distinct components, both governed by the Best Interests of the Child standard:
Parenting Time (Physical Custody): This is the physical schedule—the specific days, weekends, holidays, and vacations the child spends with each parent.
Decision-Making Responsibility (Legal Custody): This determines who has the authority to make major, long-term decisions regarding the child's life, including healthcare, education, religious upbringing, and extracurricular activities.
The 12 Statutory Factors Colorado Courts Consider
When a judge determines parenting time and decision-making responsibility, they are legally required to evaluate a set of statutory factors that define the Best Interests of the Child (C.R.S. § 14-10-124).
Knowing these factors helps you focus your efforts and evidence strategically:
Factors Governing Parenting Time
The court primarily strives to encourage frequent and continuing contact between each parent and the child, prioritizing the child's safety above all else. Factors considered for the schedule include:
Child's Safety: Paramount consideration is given to the child’s physical, mental, and emotional safety.
Wishes of the Parents: The specific schedule each parent requests.
Wishes of the Child: If the child is sufficiently mature to express reasoned and independent preferences, their opinion is considered.
Relationships: The interaction and interrelationship of the child with parents, siblings, and any significant others.
Child's Adjustment: The child's stability and adjustment to home, school, and community.
Health: The mental and physical health of all individuals involved (though disability alone cannot restrict time).
Cooperation: Each party's ability to encourage the sharing of love, affection, and contact between the child and the other parent.
Past Involvement: Whether a pattern of involvement reflects a system of values and mutual support.
Proximity: The geographical proximity of the parents' residences.
Child's Needs Above Own: The ability of each parent to place the child's needs ahead of their own needs.
Factors Governing Decision-Making
For Decision-Making Responsibility, the court applies the same factors above, but adds specialized factors focusing on the parents' ability to cooperate:
Cooperation: The ability of the parties to cooperate and make joint decisions.
Past Joint Decision-Making: Whether the parties' past involvement shows an ability to make joint decisions that provide a positive and nourishing relationship.
The Critical Role of Your Attorney
In a Colorado custody case, your attorney’s role is to help you frame every piece of evidence, every witness statement, and every action you take within the context of the Best Interests of the Child factors.
Setting Realistic Expectations: We provide sincere guidance on what the court is likely to order, helping you avoid costly and unnecessary battles over unrealistic outcomes.
Focusing Evidence: We help you gather evidence that directly addresses the statutory factors—for example, showing your involvement in your child's school, your cooperative communication with the other parent, and your plan for a stable home environment.
Promoting Resolution: By focusing on the child, we promote low-conflict resolutions like mediation, which often results in a more stable and effective parenting plan than a judge-imposed order.
Ready to Build a Strong Parenting Plan in Colorado?
Navigating the Best Interests of the Child standard requires strategic focus and a compassionate perspective. Your children deserve a solution that prioritizes their stability and well-being.
At Heritage Family Law, we are experienced in translating the legal requirements of Colorado family law into effective, child-focused parenting plans.
Contact us today to schedule your free consultation and ensure your child's best interests are properly advocated for in court.
