When parents divorce or separate, child custody is often one of the most difficult issues they face. In Colorado, courts address custody through the allocation of parental responsibilities, which includes parenting time and decision-making authority. If parents cannot agree, the court determines these responsibilities based on the child’s best interests, safety, and physical, mental, and emotional needs.
You may worry about maintaining a strong relationship with your child while protecting your parental rights and your child’s well-being. Understanding what courts consider can help you prepare for the legal process ahead.
At Grabski & Shah, we help parents address contested child custody matters with clarity and preparation. Located in Colorado Springs, Colorado, we assist families throughout Colorado Springs, El Paso County, and the surrounding areas. If you are facing a contested custody case, contact us today for guidance.
What Courts Consider When Determining Child Custody
Colorado courts allocate parental responsibilities based on the child’s best interests rather than either parent’s personal preferences. Judges review statutory factors before deciding how parenting time and decision-making responsibilities should be allocated.
The court considers the child’s safety and physical, mental, and emotional needs. Judges also evaluate each parent’s ability to meet those needs and support the child’s relationship with the other parent when doing so is safe and appropriate. Understanding these factors can help you prepare relevant information for the court.
Factors That Influence Custody Decisions
When a child custody dispute reaches the courtroom, the judge evaluates the circumstances of the child and both parents.
Relevant factors may include:
The child’s relationship with each parent: The court may consider the child’s relationship with each parent, siblings, and other people who significantly affect the child’s best interests.
The child’s wishes: If the child is sufficiently mature to express an independent and reasoned preference, the court may consider the child’s wishes.
The child’s adjustment to home, school, and community: The judge may consider how a proposed arrangement would affect the child’s education, routine, and established environment.
Each parent’s past involvement: The court may review each parent’s pattern of involvement with the child, including the values, time commitments, and support provided.
Each parent’s ability to meet the child’s needs: The court considers whether each parent can place the child’s needs ahead of their own.
The parents’ ability to cooperate: When allocating mutual decision-making responsibilities, the court may consider whether the parents can work together and make decisions in the child’s best interests.
The physical and mental health of those involved: The court may consider a person’s health when it is relevant to the child’s needs and best interests. A disability alone cannot be the basis for denying or restricting parenting time.
Any history of domestic violence or child abuse: Evidence of domestic violence or child abuse can result in restrictions on parenting time and decision-making authority.
The court considers the applicable factors together, while giving paramount consideration to the child’s safety and needs. We can help you gather documentation, prepare evidence, and address issues that may arise during litigation.
How Evidence Affects Contested Custody Cases
Evidence plays an important role in contested custody proceedings. The judge relies on the information presented by both parties and any court-appointed professionals to understand the family’s circumstances and decide what arrangement serves the child’s best interests.
Relevant evidence may include:
School records: Attendance records, grades, and communications with teachers may show how well the child is adjusting academically and socially.
Medical records: Health information may document the child’s medical needs and each parent’s involvement in the child’s care.
Witness testimony: Teachers, relatives, counselors, coaches, and other witnesses may offer relevant observations about the child or each parent’s involvement.
Parenting schedules and communications: Calendars, messages, and other records may document each parent’s participation in the child’s daily life.
Professional evaluations: The court may appoint a child and family investigator or a parental responsibilities evaluator to examine specific issues and provide information or recommendations.
The relevance and credibility of the evidence can affect how the judge views each parent’s position. We can help you identify and present evidence that addresses the statutory best-interest factors.
Parenting Plans and Judicial Discretion
When safe and appropriate, courts consider arrangements that provide the child with frequent and continuing contact with both parents. Judges may review proposed parenting plans submitted by the parents before issuing final orders.
A parenting plan may address:
Parenting-time schedules: Where the child will stay and when each parent will have parenting time.
Decision-making responsibilities: Whether educational, medical, religious, and other major decisions affecting the child will be made jointly or by one parent.
Holiday and vacation arrangements: How holidays, special occasions, and school breaks will be divided.
Transportation and exchanges: Where and how the child will move between households.
Communication guidelines: How the parents will communicate with each other and how the child may communicate with each parent.
If the court finds that a proposed arrangement does not serve the child’s best interests, it may modify the proposal or issue a different parenting plan. We can help you develop a practical plan that addresses your child’s needs and the concerns likely to arise in a contested case.
How We Can Help With a Contested Child Custody Case
Courts determine child custody arrangements by examining the child’s best interests, each parent’s involvement, the evidence presented, and any safety concerns. The final orders may address both parenting time and responsibility for major decisions affecting the child.
At Grabski & Shah, we help you prepare for contested proceedings and present your position to the court. Located in Colorado Springs, Colorado, we assist parents throughout Colorado Springs, El Paso County, and the surrounding areas. Contact our firm today to discuss your case.
