Divorce Online

In a Colorado divorce with children, priority in custody disputes is always the child’s best interests. Colorado Revised Statutes § 14-10-124 (1) states, “it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage.” That is why Colorado judges express a preference for parents to share child custody.

In Colorado, the legal term for physical custody is ‘parenting time’ and for legal custody ‘decision-making responsibilities.’ According to Colo. Rev. Stat. § 14-10-124 (1.5)(a) & (b), the court determines custody based upon the motion of each party or at its discretion.

To ensure that the determination of parenting time is in the child’s best interests and not a threat to the child’s emotional and physical development, the court considers:

• the desires of the parents and the child (if the child is mature enough);
• what kind of dynamics exists between the child and each parent, the child and their siblings, and the child and any other significant adult who may significantly affect the child's best interests;
• how well the child has adjusted to their home, school, and community;
• how physically and mentally fit all participants are (although the court won’t deny or restrict parenting time based on a parent’s disability alone);
• whether each parent is cooperative and will not prevent contact between the child and the other parent; and
• how involved each parent has previously been in the care of the child.

The court will also look into the living arrangements of each parent and whether the family has any history of domestic abuse. In Colorado, parenting time is shared 50/50 or 70/30. In the latter case, the parent who lives with the child the most is referred to as a custodial parent, whereas the other parent is non-custodial.

As for legal custody, decision-making responsibilities refer to day-to-day decisions and significant decisions on health care, religion, education, residence, etc. Before the court determines legal custody, it looks into whether a parent is willing to have it and whether a parent is physically and mentally able to have it.

Typically, Colorado courts prefer to divide decision-making responsibilities equally between both parents provided that it is in the best interests of the child. When deciding, the court will consider:

• whether both parents can cooperate and make child-related decisions together;
• whether the parents have already demonstrated cooperation and mutual support in providing a positive and nourishing relationship; and
• whether either parent is discouraging the child from staying in close contact with the other parent.

Although sole legal custody of the child is rare in Colorado family courts, it can happen in case of a history of domestic violence or child abuse. However, any other types of behaviors that have no relation to the parent’s relationship with the child shall not affect the court’s determination of custody (see Colo. Rev. Stat. § 14-10-124 (1.5)(b)(2)).

After the court issues an order regarding custody, each spouse submits a parental agreement to detail how they plan to split their parenting time and decision-making responsibilities. If the spouses fail to do so or if the court does not approve their parenting plan, the judge drafts a parenting plan for the parents (see Colo. Rev. Stat. § 14-10-124 (7)).

If the court discovers that a parent has had a history of domestic violence, child abuse, or neglect, only supervised visitation is possible or no visitation at all.

The court always takes a gender-neutral approach in a custody determination. A judge will not automatically assume that the child is better off with the mother. Though mothers do get involved in the child’s care more often than fathers, ultimately, it is up to the parents to express their desires to share child custody equally and pursue it with a detailed parenting plan and involvement in the child’s care.