Divorce can be an extremely overwhelming and highly emotional process, particularly when it involves children. Amidst the chaos, one of the most crucial decisions that parents need to make is regarding child custody. In Colorado, just like in most states, child custody hinges on the best interests of the child. This means that the court takes into account various factors before reaching a decision.
Legal Custody vs. Physical Custody
Child custody in Colorado can be broadly categorized into two main types: legal custody and physical custody. Legal custody primarily involves the right to make important decisions about the child’s upbringing, including matters related to healthcare, education, and religious upbringing. On the other hand, physical custody deals with determining the parent with whom the child will reside on a daily basis.
The Best Interests of the Child
Colorado courts prioritize the best interests of the child when determining custody arrangements. This means that several factors are carefully taken into consideration. These factors include:
The wishes of the child’s parents – the court values the input and preferences of both parents.
The child’s relationship with each parent – the quality of the bond between the child and each parent is thoroughly evaluated.
The child’s adjustment to their home, school, and community – the court assesses how well the child is adapting to their current environment.
Each parent’s ability to provide for the child’s physical, emotional, and developmental needs – the court closely looks into the capabilities of each parent in meeting the child’s diverse needs.
Any history of domestic violence or child abuse – previous incidents of domestic violence or child abuse are taken very seriously.
The child’s preferences – if the child is deemed old enough and mature enough, their wishes are considered in the custody decision-making process.
Joint Custody vs. Sole Custody
In Colorado, joint custody is typically favored unless it is determined to be against the best interests of the child. Joint custody grants both parents equal rights and responsibilities in making decisions pertaining to the child’s upbringing. However, if joint custody is not feasible or does not align with the child’s best interests, the court may award sole custody to one parent. In such cases, one parent will assume legal and/or physical custody.
Mediation and Parenting Plans
Prior to a custody hearing, parents have the opportunity to attend mediation. Mediation enables parents to have discussions facilitated by a neutral third party. This mediator assists them in reaching an agreement regarding custody and parenting time. After establishing a custody agreement, parents are required to create a parenting plan. A parenting plan outlines the specific details of the custody arrangement, encompassing where the child will reside, the decision-making process, and the division of parenting time between the parents.
Conclusion
Divorce and child custody proceedings can induce immense stress and emotional upheaval, particularly when parents are unable to reach an agreement. Nevertheless, by familiarizing themselves with the factors that Colorado courts take into consideration while making custody determinations, parents can be better equipped to navigate through the process. Above all, it is imperative to prioritize the best interests of the child, and parents should strive to collaborate in creating a custody arrangement that fosters stability and support for their child.