A court will consider a number of different factors when determining child custody in a divorce case in Colorado.
The judge can determine child custody decisions based on the child’s preferences, living arrangements, and parenting time, as well as the child’s relationship with each individual parent. The court will look at the child’s best interests, and in order to determine this, it will look at the quality of the child’s life, and his current living arrangements, including school and community.
The court will consider the physical and mental health of the child as well as his parents, although this does not mean that parents will automatically lose custody if they suffer from any kind of disability. The court will consider whether the disability is severe enough to compromise the child’s physical, mental or psychological health. The court will also consider the parenting quality of each individual parent, and their ability to promote a caring, affectionate, loving and stable environment for the child.
If the parent has a history of domestic violence and substance abuse, the court may consider that the child’s best interests are not served by unsupervised exposure to a parent like this. If you have a history of domestic violence, or substance abuse, and have questions about whether this will affect your child custody petition, speak with a Colorado divorce lawyer.
The court will also consider a number of other practical factors, such as how close the parents live to each other. If the parents live quite a distance away from each other, the court may determine that a joint custody arrangement will not be feasible.