What Factors Will a Court Consider in Child Custody Cases?

When parents in Centennial go through a divorce, they may naturally be very concerned about how the process will affect their child and what rights they'll have to their child when the process is finished. While, sometimes, parents are able to work out a parenting plan through negotiations, other times negotiations fail and they need to turn to the court to make child custody decisions. Any parenting time schedules made must first and foremost meet the best interests of the child standard. In determining what the child's best interests are, the court will consider a number of factors.

First of all, the court will consider each parent's wishes when it comes to child custody. The court will also consider whether the child has a preference as to which parent they will live with if the child is mature enough to reasonably and independently express such a preference. The relationship the child has with each parent and any brothers and sisters may also be considered, as may the relationship the child has with any other individual in the child's life who has a significant effect on the best interests of the child.

The child's ability to adjust to their place of residence, community and school may be considered, as may the health (both physical and mental) of the parents and child. However, the fact that a party has a disability in and of itself will not automatically mean that person should be denied parenting time. Another factor is the willingness of each parent to encourage the child to develop a loving relationship and have continuing contact with the other parent, unless domestic violence is an issue.

Each parent's past involvement in the child's life with regard to establishing values, being committed to spending time raising the child, and mutually supporting the child may be considered. The court may also consider how close each of the child's parents live to one another as part of developing a practical parenting plan. Finally, each parent's willingness to put the child's needs before their own may be considered.

As this shows, there are a variety of factors that will play a role in the court's decision when it comes to parenting time. Colorado parents who have further questions about parenting time in the state may want to seek the help of an attorney.

Tags: Child Custody

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