Divorce is a challenging process, particularly when children are involved. In Colorado, the courts determine child custody — referred to as “parental responsibilities” — based on the best interests of the child. Parents facing divorce are wise to understand their options for negotiating custody terms, either independently or through the courts, and recognize the role of Colorado law in these determinations.
Options for determining child custody
In Colorado, parents can decide on child custody arrangements in two primary ways: negotiation or use of the courts. Parents may use negotiations to agree on custody arrangements without court intervention. This often involves creating a parenting plan that outlines how they will share parental responsibilities and parenting time.
If parents cannot agree, they may turn to the court to determine custody. The courts will use the best interest of the child standard and consider various factors when making this determination. These can include the child’s wishes, the parents’ wishes, the child’s interaction with parents and siblings, and the child’s adjustment to home, school, and community.
The role of Colorado law in these determinations
It can help to know some of the basic legal terms when navigating the process. Three examples that you will likely come across during the divorce include:
- Best interest standards: These are central to decisions in custody cases, ensuring that the child’s welfare is paramount.
- Legal and physical custody: Colorado distinguishes between legal custody (decision-making authority) and physical custody (living arrangements).
- Modification of custody: Custody agreements can be modified if circumstances change significantly, impacting the child’s best interests.
Colorado law prioritizes the child’s best interests in custody cases. The state encourages parents to share responsibility unless it would endanger the child physically or emotionally. Understanding these state laws can help parents navigate the custody process more effectively.
Tips for supporting children during divorce
Helping children cope with divorce involves patience, love, and understanding. It can help children if the parents establish daily routines and keep these practices as consistent as possible. This can provide the children with a sense of stability.
It is also often helpful for parents to let children know they can express their feelings about the divorce. At the same time, parents are wise to do their best to shield children from conflict. Avoid discussing legal matters or disputes in front of the children.
Determining child custody during a divorce in Colorado requires careful consideration of both legal frameworks and the emotional well-being of the children involved. By understanding their options and the relevant laws, parents can make informed decisions that prioritize their children’s best interests.