Custody cases often arise during divorce. However, they may also happen when an estranged parent returns or if someone has recently discovered they are the biological parent.
Whatever the situation, the deciding factor in all custody cases is the best interests of the child. This is the standard at which the court approves and sets custody arrangements.
What does “the best interests of the child” mean in Colorado?
The key aspects
Colorado law outlines several factors that courts evaluate when deciding custody arrangements. These include:
- The child’s emotional and physical needs.
- The ability of each parent to provide a stable home.
- The relationship between the child and each parent.
- Each parent’s willingness to encourage a relationship with the other parent.
- Any history of abuse, neglect or substance abuse.
These points help judges create a custody arrangement that supports the child’s safety and development.
Does the child have a say?
The family courts in Colorado do not let children have the final say in custody cases, but their preferences may be heard if they are mature enough. Nonetheless, the deciding factor is always the court’s interpretation of the best interests of the child.
Can custody be modified?
While custody orders are legally binding, this does not mean that they can never be modified. The courts know that family circumstances change over time. If a more suitable custody arrangement, that meets the child’s best interests, can be presented, then a modification may be approved.
If you are going through a custody case, seeking legal guidance will help you assert your parental rights.