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How Do Courts Decide Who Gets Custody?

Oftentimes, one of the most contested aspects of a divorce involves child custody. If you and the other parent cannot agree on a parenting plan or arrangement, the courts will ultimately decide. As a devoted parent, this may concern you, but rest assured courts are looking out for your children. In fact, when making decisions regarding custody, judges seek to answer, "What is in the best interest of the child?" As the term suggests, the court’s primary prerogative is the welfare of the child.

Our Colorado Springs family attorneys at Drexler Law are explaining the “best interests” standard used in child custody cases.

Best Interests of the Child to Determine Parenting Time

When making decisions on visitation, otherwise known as parenting time, courts will look at these factors to determine the child’s best interests.

  • Each parent can meet the child's basic needs and put the child's needs ahead of their own;

  • The parent and child's relationship;

  • The parent’s wishes;

  • The child's wishes, typically when the child is mature enough to express preferences;

  • The lifestyle and stability of each parent;

  • The physical location of the parents; and

  • What kind of impact will the custody decision have on the child and if it would cause emotional distress for the child or change their routine

Best Interests of the Child to Determine Decision Making

When it comes to decision-making responsibilities, the courts will use the same factors mentioned above and these additional factors.

  • The ability of both parties to cooperate and make joint decisions;

  • The ability of both parties to provide a positive and nourishing relationship; and

  • Their willingness to promote contact between the parties

Colorado Springs Child Custody Attorneys

Our family law attorneys at Drexler Law understand how difficult it can be to navigate child custody issues. We have years of experience guiding our clients through those challenges, and we’re prepared to help you pursue the best interests of your child.

If you need assistance regarding parental responsibilities, schedule a consultation with Drexler Law by calling (719) 259-0050.