One of the hardest things about divorce is deciding who should have custody of the child. The same is true in Fort Collins and throughout the rest of Colorado because courts consider what is in the child’s best interests.
If you are going through this process, your best bet is to hire a child custody attorney in Fort Collins to help you figure out the rules surrounding custody decisions.
By realizing how custody decisions are made, you will know what to expect in your case.
Parental Responsibilities vs. Child Custody
In Colorado, parental responsibilities are a more important concept. This reflects the dual aspects of custody, including legal authority over significant decisions about the child’s life and legal and physical care. Parental responsibilities include:
- Residential Responsibility: Where the child will live.
- Decision-Making Responsibility: The responsibility to make decisions in key areas, including the child’s education, healthcare, religion, etc.
The aim is to ensure both parents take responsibility unless it does not benefit the child.
Best Interests of the Child
The central custody principle in Colorado is decided based on the best interests of the child.
What is this standard about?
This standard concerns what would benefit the child’s welfare and stability. This sounds straightforward, but several factors impact the court’s decision-making process.
Key Factors Courts Consider
- The Child’s Relationship with Each Parent
The child’s relationship with each parent is one of the most important considerations. The parent who has been more involved in the child’s life, like attending school events, doctor’s appointments, etc., or caregiving, has a better chance of having more responsibility.
Minimizing disruption to the child’s routine or otherwise disturbing the child’s emotional stability are top priorities for the court. As such, the more involved parent usually has the edge in these matters.
- Parents and the Child’s Wishes
The parents’ preferences will be a factor in the court’s decision. Still, the court will likewise consider the child’s preferences. The court will not do what either parent wants; the court will take what is in the child’s best interest.
- The Child’s Adjustment to Home, School, and Community
Generally, the court wants to keep where the child lives much the same. It may be important to the court that the child stays in the same home, school, and community. The idea is to keep things stable and not add stress when things are tough. The areas of stability have traditionally been the easiest for the court to favor the parent able to provide.
- Safety Concerns
If there is any history of abuse, neglect, or substance abuse, the court will take it very seriously. The court will consider the risk of harm to the child’s safety. If the child is in danger from one parent, the court can limit or deny visitation or even award sole custody to the other.
Sole Custody vs. Joint Custody
Generally, Colorado courts will use joint custody, where the child may be authorized to spend more time with one parent than another because this gives a more stable structure.
Less common is sole custody, which grants one parent both residential and decision-making responsibilities unless the other parent is deemed unfit.
Conclusion
Colorado courts look for custody arrangements based on the child’s best interest. These decisions are based on various factors, including the child’s relationship to each parent, the environment, and concerns about the child’s safety.
Joint custody is preferred as both parents can participate. Still, if one is unfit, then sole custody is granted. Understanding these things and working with a skilled child custody attorney in Fort Collins can help parents deal with this situation, focusing on what’s best for their child.
