What Can Be Used Against You in a Child Custody Battle in Colorado?

What Can Be Used Against You in a Child Custody Battle in Colorado?

In Colorado, the courts consider the child’s best interests when making custody decisions. The court will examine various factors to determine parenting time and decision-making that best serves the child’s needs. However, some factors can be used against you in court, potentially affecting the outcome of the case.

What is Child Custody in Colorado?

Colorado does not use the term “child custody” in family law. Instead, the court determines parental responsibility broken out into parenting time and decision-making rights for children. In many cases, the parents split both parenting time and decision making. However, when a parent is unfit, absent or wishes to waive their rights, the court may rule differently.

The parents can submit a parenting plan to the court for consideration. Any party with a right to pursue allocation of parental responsibilities (APR) may submit a proposed parenting plan. The court can decide to adopt all or part of a party’s proposed parenting plan. The court may also develop a parenting plan separate from what a parent submits.

What Does the Court Consider for Parenting Time Rights?

The court prioritizes the best interest of the child when making decisions for parenting responsibility, including parenting time. Factors that may limit one parent’s time can include:

  • The wishes of the parents.
  • The wishes of the child if they are sufficiently mature.
  • The relationship of the child to the parents and other persons who may affect the child’s best interests, such as siblings.
  • The mental and physical health of all involved.
  • Whether one of the parties has been a perpetrator of child abuse, neglect, domestic violence, or other factors.

What Does the Court Consider for Decision Making Rights?

Decision making responsibilities typically apply to significant issues like health care and education. The court may consider certain factors when ruling on decision making rights, including:

  • The ability of the parties to cooperate and make decisions jointly.
  • The parties’ ability as mutual decision-makers to provide a positive relationship with the child.
  • Whether one of the parties has been a perpetrator of child abuse or neglect, in which case it shall not be in the child’s best interest to allocate mutual decision-making regarding any issue over the other party’s objection.
  • Whether one of the parties was a perpetrator of spousal abuse, in which case it shall not be in the child’s best interest to allocate mutual decision-making regarding any issue over the other party’s objection unless the court determines that the parties can make shared decisions about the child without physical confrontation and in a place and manner that is not a danger to the abused party or child.

What Does the Court Not Consider for Parental Responsibility?

Remember that the court is working to achieve a parenting plan that serves the best interests of the child. The court will not consider infidelity when deciding on parental rights.

For parenting time, the court may not consider a party’s conduct or characteristics that do not affect that party’s relationship with the child. For example, the court may not consider a party’s gender, sexual orientation, the reason for the divorce, or that a party left the home due to domestic violence committed by the other party but not against the child.

The primary role of the courts is to find a solution that allows the child to maintain a relationship with their parent when it is in the child’s best interest.

How Does this Impact Child Support?

The court may issue a child support ruling regardless of whether a parent has parenting time or decision-making rights for a child. Child support is a separate ruling from parenting responsibilities and is not intended to be punitive for either party.

Find Support for Child Custody Cases

Philip Goldberg PC is a family law attorney serving clients in Denver and surrounding communities. He works with families experiencing divorce and parenting disputes to help navigate parental responsibilities and child support issues.

Contact us today to schedule an appointment.