If you have children, child custody is a significant concern. The arrangements you and your partner or the court decide can impact your relationship with your child for years to come. Allocation of parental responsibilities affects the time you share with your children, as well as the ability to make important decisions regarding them. At Hogan Omidi, PC, we focus exclusively on family law matters and have written the book on Colorado family law. We want to give you the confidence and support you need to resolve child custody matters in a way in which you are satisfied. You can call us at 303-691-9600 or contact us online to schedule a confidential consultation.
Factors Colorado Courts Consider When Determining Child Custody
When making child custody determinations, including decision making responsibility and time sharing, Colorado courts make decisions based on what is in the best interests of the child. The court must consider how any decision will impact the child’s safety and physical, mental, and emotional conditions and needs. The factors Colorado courts must consider include:
- The parents’ wishes – The court will consider the parents’ stated wishes.
- The child’s wishes – The child’s wishes never control but a court considers the child’s stated wishes if they are mature enough to express them and make an independent decision.
- The child’s relationship with others – The court assesses the child’s relationship with others and how different custody arrangements may impact them. This could include relationships with siblings, neighbors, friends, and other family members.
- The child’s adjustment to their home, community, and school – The court also analyzes the child’s current home, community, and school situation. If the child is doing well, the court may be reluctant to change the arrangement.
- The parents’ health – While a parent having a disability is insufficient to deny or restrict parenting time in Colorado, the court can consider if the parents’ mental and physical health would impact their ability to properly care for the child.
- The child’s health – The court can also consider the child’s mental and physical health to determine if the parents can meet their needs.
- The parents’ past pattern of involvement with the child – The court considers the parent’s involvement with the child and whether it reflects a system of values, time commitment, and mutual support. However, the fact that one parent had been stayed at home with the child during the marriage does not mean the other parent will be denied a significant role when the parents are in separate homes.
- The proximity between the parents – The court considers practical considerations, such as the distance between the parents’ homes. It may be unrealistic to adopt a schedule for equal time sharing in a situation where the parents live several hours away from each other.
- The parents’ ability to encourage a relationship with the child – The court will want to see the parents encouraging a relationship between the child and the other parent as part of a positive co-parenting system.
- The parents’ ability to put their child’s interest above their own – The court will want to see that the parents can set aside any problems they have with the other parent to provide for the best interests of the child. A parent who regularly lacks that ability may end up with a lesser role in the child’s life.
How Our Child Custody Lawyers Can Help
An experienced Aspen child custody lawyer can help you gather evidence and argue for your position in or out of court. Our lawyers have decades of combined legal experience. We know how to frame your case and persuasively present it to the court.
Contact an Aspen Child Custody Lawyer for Assistance
The experienced Aspen child custody lawyers at Hogan Omidi, PC, are here to help you.
Call us at (303) 691-9600 or contact us online to schedule a confidential case review.