- Our Team
- Practice Areas
The Best Interests factors of the Child(ren) is the legal standard by which child custody is determined in Colorado. The Court must make findings on these factors when deciding the allocation of parenting time and decision making. Any custody evaluator involved in making recommendations as to parenting time, decision making and child relocation will also base their findings and recommendations on these factors. The Best Interests of the Child factors are contained with on C.R.S. 14-10-124 and as it relates to determining parenting time, the schedule by which each parent will spend time with their child is:
(I) The wishes of the child's parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;
(IV) The child's adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party's protective actions shall not be considered with respect to this factor;
(VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
(IX) and (X) Repealed.
(XI) The ability of each party to place the needs of the child ahead of his or her own needs.
When determining decision making the Court must consider the factors detailed above as well as these additional factors:
(I) Credible evidence of the ability of the parties to cooperate and to make decisions jointly;
(II) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision-makers to provide a positive and nourishing relationship with the child;
(III) Whether an allocation of mutual decision-making responsibility on anyone or a number of issues will promote more frequent or continuing contact between the child and each of the parties.
Colorado offers a method for immediate relief when a child is at imminent risk of physical or emotional harm by a parent. The court can act immediately to suspend all unsupervised with the parent allegedly putting the child at risk and place them under emergency child custody with a legal guardian.
As life changes, child custody orders may no longer fit your needs or circumstances. When this occurs, seeking a child custody modification can be necessary to officially change court orders related to parenting time and/or decision-making responsibilities.
Formerly known as child visitation, Parenting Time outlines the schedule and conditions under which each parent may see their children
"I am very appreciative of Toms services. English is a second language to me, and this process seemed difficult because of that barrier. He was very patient and thorough making sure I understood everything before he proceeded. I will recommend him to everyone! He truly cares about you, as does his wonderful, helpful team"
Review from AVVO
"I had a very challenging case, one that could have had indefinite financial consequences. Tom Cossitt evaluated my case and identified several strategies for moving forward. I chose one and Tom developed and implemented that strategy with speed and with the utmost in professionalism. The documents he drafted on my behalf, based on extensive research and case law / precedent were thorough and comprehensive. When the Court ruled, it used the arguments as developed by Tom Cossitt verbatim in its decision, and the case was decided in my favor. Needless to say, I was pleased beyond words. Based on my experience and the outcome of my case, I would highly recommend Tom Cossitt to anyone requiring the services of a family law attorney."
Review from Google
"I met with as many as 10 different attorneys before coming across Thomas. After our initial consultation, I was very pleased with his knowledge and realistic expectations. During the really tough time, Thomas kept me calm and helped tremendously to get custody of my daughter. He kept me informed on what was going on and would ask for my input; if it was something that was unrealistic or could be done a different way, Thomas would tell me right away. During the hearings, he was amazing. He kept a professional attitude and was great at cross examinations. He took in all of the facts and evidence, and was able to present them efficiently and effectively. Ultimately helping me gain custody of my child."
Review from AVVO