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Explaining a Child’s Best Interests

In family courts around the country, nearly every child custody decision is established on what is in the best interests of the child. Colorado is no exception to this rule, but what does this mean exactly? Our Colorado Springs attorneys share what factors the court bases this decision on.

Determining the Best Interest of a Child

When the court determines the allocation of parental responsibilities, which include parenting time and decision-making responsibilities, they do so with the best interest of the child in mind, according to Colorado law. The law states the court must consider several factors to determine what custody arrangement will be in the child’s best interest.

These factors include:

  • The parent’s preferences

  • The preference of the child is they are mature enough to make an intelligent and logical decision about which parent they want to reside with

  • The child’s relationship with their parents and siblings

  • The mental and physical health of the child and the parents

  • Each parent’s ability to encourage their child to have a loving relationship with the other parent

  • Whether the parents can get past their problems with each other and put the needs of the child first

  • The distance between the parents

  • Whether a parent has a history of drugs, alcohol, abuse, or anything else that could potentially hurt the child’s best interests

  • The willingness of the parties to cooperate and make joint decisions together

  • If there is a history showing the parents can provide a positive and nourishing relationship with their child

  • Whether joint custody would increase contact between the child and each of their parents

Depending on the specific nature of the case, the court may consider additional factors if they deem that they are of relevance to their decision. In all cases, Colorado courts want to ensure that the child’s well-being will not be negatively impacted once the final custody order is in place.

If you are concerned about your custody case, call Drexler Law at (719) 259-0050.