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What most judges consider when making child custody decisions

As a Colorado parent, you know what's best for your children. If you have kids in various age groups, you've likely encountered and risen above numerous challenges as you help them navigate the physical and emotional aspects of each stage in life. Informing your children that you are getting divorced is likely not one of the easiest tasks you'll ever undertake.

If you have a strong support plan and your kids know they can come to you to discuss their feelings at any time, they may be able to cope with the changes in their lives in as healthy a manner as possible. When child custody proceedings begin, the goal is for the ultimate outcome to help them adapt and thrive in their new lifestyle. If your spouse isn't willing to negotiate a fair and agreeable parenting plan, you may be in for one of your biggest challenges yet.

Issues of paramount importance

No two judges are the same. The one overseeing your child custody case is at liberty to make decisions as he or she sees fit so long as they remain with current legal precedents and principles. Colorado, like most states, has its own guidelines regarding issues concerning the physical, emotional and financial care of children in divorce. The following list shows factors most judges take into consideration when ruling on such issues: 

  • The judge ruling in your case will want to know about your children's lives during your marriage. How much time each parent spent with them on a regular basis is one of numerous issues the court is interested in when making child custody decisions. 
  • Each parent's current income and future earning potential are important factors that will influence the court's decision as to whether or not someone should pay child support in your situation.
  • Your children's best interests are the court's highest priority. Any information regarding possible detriment to your children's well-being is of concern, such as physical or emotional abuse, substance abuse or parental neglect. 

If you believe you should have custody of your children, you can file a petition in court. Most judges think shared custody arrangements are best. However, if you can show evidence that your spouse is an unfit parent, it may convince the judge to rule in your favor. Perhaps you already share custody, but are having a difficult time because your ex won't adhere to the terms of the court order. You can bring any legal problem to the immediate attention of the court at any time.

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Law Offices of Rodger C. Daley

Law Offices of Rodger C. Daley
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Denver, CO 80203

Phone: 720-773-5708
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