Divorce Guide

Divorce Guide


Colorado Divorce Custody


Colorado divorce custody laws are based on the same premise that other states of USA and that is: the best interests of the child should not be compromised at all. Again, it should be noted that according to the divorce laws of Colorada, any conduct of the divorced parent which does not affect the child or does not harm the child, can not be used as reasons to prevent custody. By meaning of custody, it can be an involvement of a parent in other relationship. If the other partner is not guilty of harming the child or involved in child abuse, then this relationship can not stop the parent from getting the custody of the child.

Following are the factors that the courts consider while settling divorce custody matters in Colorado:
  • Judges in Colorado courts try to assess the inclination of both the divorced parents in the raising up of the child. They try to evaluate the extent to which both the parents get together to make decisions for the child.

  • What is the effect of the parent-child relationship in the behavior and personality of the child is also determined by the courts. In most of the Colorado divorce custody cases, judges do not award custody to the parent who is seen to have a negative impact on the child. The other parent is likely to get the custody due to the encouragement he/she gives to the child.

  • Divorce laws of Colorado encourage judges to approach the child to find out his/her parental preferences. There is no age bar to decide which child should be asked about “with which parent he/she wishes to live with”. It is upto the judge to decide if the child is mature enough to give an answer regarding this issue. Courts are just cautious to know that the wishes expressed by the child are not due to any pressure, force or manipulated by any of the two parents.

  • Wishes of the parents regarding divorce child custody are also considered to assess the actual penchant of the parents.

  • For practical reasons, physical locations of the two parents are also considered while awarding a shared custody or joint custody.

  • It is also noted that courts give preference to the parent who is more likely to let the child be involved with the other parent and most probably adhere to the formulated parenting plan and visitation schedule. While the battle for custody ensues, judges try to assess which parent respects the visitation rights of the other. Thus, judges handling Colorado divorce custody issues, take into consideration the role of parenting in the growth of the child. The parent who considers the child’s wishes to be more important than his/her own’s, generally gets the custody of the child.

  • Divorce child custody laws of Colorado are gender neutral. Custody of the child is not determined based on the sex of the parent. The parent who is found to be most suitable to fulfill the emotional, social, religious needs of the child gets the custody of the child, whether he/she happens to be the father or the mother of the child. If a divorced partner can prove that the other parent is not capable of taking care of the child owing to any mental disability, physical handicap etc, then he/she gets the custody of the child.

  • Courts handling Colorado divorce custody cases generally appoint a mental health professional or a child custody evaluator to assess the actual needs of the child and determine parent-child relationship. To which parent does the child turn to in times of emotional distress, which parent allots quality time to raise the child etc are some of the few factors which are considered by the child custody evaluator. He/she then makes suitable recommendations to the judge regarding this delicate issue and ensures that the child need not endure the trauma of a court proceeding.
As is evident, the needs and wishes of the child are considered to be the most important in all divorce custody cases that are battled out in Colorado.


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