If you have ever been involved in a child custody case or you are about to begin one you most likely have heard the phrase “best interests of the child.”

In Colorado, child custody and visitation issues are based on the best interests of the child standard.  This is also known as Parenting time.

So when you ask, “what are my chances I’ll get custody”, here is a general list of what the courts use to analyze the “best interests of the child.”

• The love, affection, and other emotional ties existing between the parties involved and the child.
• The capacity and disposition of the parties involved to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
• The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care.
• The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
• The permanence of the existing or proposed home or homes.
• The moral fitness of the parties involved.
• The mental and physical health of the parties involved.
• The home, school, and community record of the child.
• The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
• The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent of the child and rents.
• Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
• Any other factor considered by the court to be relevant to the particular family.

Parenting time and decision making.
This is the often the most crucial issue in divorces. In determining where the children will live and when they will see each parent, and who will make the major decision for children until they are 19, the court is guided by one standard–the best interests of the child.  Allocation of parenting time, decision making, and a child support award will not be given to a parent as a reward or as punishment to the guilty parent but rather to the one most adaptable to the task of caring for the child and able to control and direct the child.

The courts will try to view it from the child’s best interest.

Other factors considered may include the age of the parent and child, the physical and mental condition of the parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child’s wishes if the child is of sufficient age, intelligence and maturity to make such a decision. Allocation of parenting time and decision making can be modified after the initial decision is made, these changes are referred to as post-decree modifications. It is important to understand, however, how a pattern of parenting time may impact the ability to modify parenting time and the standard that will be applied in post-decree cases. The standard in post-decree modifications may not be best interests, but may be a much harder standard referred to generally as “endangerment”.

If the parties can not agree to an appropriate parenting time and decision making arrangement, then the Court will decide. An important factor to the court in most parental rights cases is which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the child or children’s lives.

An experienced family law attorney will know how to advocate on your behalf.

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Colorado is considered a “no fault” state. This means that you do not need the consent of your spouse to obtain a divorce, nor are the reasons why you want a divorce considered in granting the divorce. In Colorado, the courts can enter a divorce decree (referred to as a decree of dissolution) upon showing that:

• One of the parties has lived in the state for 90 days prior to the commencement of the proceedings
• The marriages is irretrievably broken
• And those 90 days or more have elapsed since the court acquired jurisdiction over the other party either as a result of process or by the other party entering appearances.

How much will my divorce cost?

Unfortunately, there are no set numbers on how much your divorce will ultimately cost. You do have several options in lieu of trial that will cut costs such as mediation and settlement discussions.  Contact us.  We will sit down with you and go over your options.

Can I annul my marriage?

Annulments occur where you or your spouse can show that your marriage is invalid. Marriages can be invalid under the following circumstances:

• A party lacked capacity to consent to the marriage either due to mental incapacity or infirmity, the influence of alcohol, drugs, or other incapacitating substances
• A party lacked physical capacity to consummate the marriage and the other party did not at the time of the marriage know of the incapacity
• A party was under the age as provided by law and did not have the consent of his/her parents or guardian or judicial approval as provided by law
• One party entered into the marriage in reliance upon a fraudulent act or representation of the other party which act or representation goes to the essence of the marriage
• One or both parties entered into the marriage under duress
• One or both parties entered into the marriage as a jest or dare
• Or law prohibits the marriage.

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