Child Custody: Best Interests Factors of a Child in Colorado

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(IX) and (X) Repealed.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.