Growth Guru

When Colorado courts make decisions about child custody, their guiding principle is always the best interest of the child. This legal standard helps judges ensure that custody arrangements support a child’s well-being, safety, and development. For parents going through divorce or a custody dispute in Denver, understanding how this standard works is essential to setting realistic expectations and building a strong case.

If you're facing a custody matter, a qualified Denver child custody lawyer can help you understand how the best interest standard applies to your situation and advocate for a parenting plan that protects your child and your rights.

What Is the Best Interest Standard?

In Colorado, the best interest of the child is the primary consideration in all custody (or "parental responsibility") decisions. This includes determining:

• Decision-making responsibilities (such as medical or educational decisions)
  
  
• Parenting time (when the child is with each parent)
  
  
• Modifications to existing custody orders
  

Rather than automatically favoring one parent over the other, Colorado courts evaluate each case based on a set of statutory factors. These factors are meant to ensure that custody decisions are made with the child’s emotional, physical, and developmental needs in mind.

Key Factors Colorado Courts Consider

Under C.R.S. § 14-10-124, judges must examine several specific factors to determine the best interest of the child. These include:

1. The Wishes of the Parents

Courts consider what each parent wants in terms of decision-making and parenting time. However, these wishes are weighed alongside all other factors.

2. The Wishes of the Child

If the child is mature enough, their preferences may be taken into account. Colorado law does not set a specific age at which a child can choose which parent to live with, but older children’s opinions carry more weight.

3. The Child’s Relationships

The court looks at the strength and quality of the child’s relationships with each parent, siblings, and other important individuals. Maintaining continuity in these relationships is often a priority.

4. The Child’s Adjustment to Home, School, and Community

Stability is important in a child’s life. Courts assess how well the child is doing in their current environment, including their academic performance, friendships, and involvement in activities.

5. The Mental and Physical Health of Everyone Involved

A parent’s or child’s mental or physical health can affect parenting ability. However, a parent cannot be denied custody solely because they have a disability.

6. Each Parent’s Ability to Encourage the Child’s Relationship with the Other Parent

Colorado strongly supports shared parenting and cooperation between parents. Judges look for evidence that each parent is willing and able to support the child’s relationship with the other parent.

7. Whether the Past Involves Domestic Violence, Neglect, or Abuse

If there is a history of domestic violence or abuse, courts must prioritize the child’s safety. In some cases, this may lead to supervised visitation or limitations on parenting time.

8. The Ability of Each Parent to Place the Child’s Needs Above Their Own

Judges consider how well each parent can put the child’s needs first—especially during times of conflict or emotional stress.

9. Geographic Proximity

Courts may also weigh how close the parents live to one another. This can impact the practicality of shared parenting arrangements and the child’s day-to-day stability.

Applying the Standard in Real-World Situations

Each custody case is different, and judges evaluate the best interest standard on a case-by-case basis. For example:

• A parent who works long overnight shifts may face challenges securing equal parenting time, especially with younger children.
  
  
• If a child has special medical or educational needs, the court may favor the parent who has been more involved in managing those needs.
  
  
• When one parent wants to relocate out of state, the judge must determine how the move would affect the child’s relationship with the non-relocating parent.
  

This flexibility helps the court craft a parenting plan tailored to the child’s specific needs—not just the parents’ preferences.

Common Misunderstandings About the Best Interest Standard

“Mothers Always Get Custody”

This is not true under Colorado law. Courts do not favor one gender over another. Instead, custody decisions are made based on how well each parent can meet the child’s needs.

“If I Make More Money, I’ll Get Custody”

Income may affect child support calculations, but it is not a major factor in determining who receives decision-making or parenting time. A parent’s availability, caregiving history, and relationship with the child are more important.

“My Child Wants to Live With Me—That Means I’ll Win”

A child’s wishes are only one part of the analysis. The court will also consider the child’s maturity, reasoning, and whether their choice is influenced by pressure or conflict between the parents.

How a Denver Child Custody Lawyer Can Help

Navigating a custody case involves more than just telling your side of the story. It requires presenting evidence that aligns with the best interest standard and supports a stable, healthy plan for your child.

A Denver child custody lawyer can help by:

• Explaining how the court applies the best interest factors
  
  
• Gathering documentation and witness testimony that supports your role as a caregiver
  
  
• Helping you negotiate a parenting plan that meets legal requirements and serves your child’s needs
  
  
• Preparing for hearings or mediation sessions
  
  
• Representing you in court if necessary
  

An experienced attorney understands how judges in Denver interpret the law and what they expect from parents in contested custody matters.

Final Thoughts

In every custody case, Colorado courts are guided by one central question: What arrangement is in the best interest of the child? Understanding how this standard works—and how it’s applied in court—can help parents avoid unnecessary conflict and focus on what matters most: their child’s well-being.

If you’re facing a custody dispute in the Denver area, Baker Law Group, PLLC can help you protect your rights and your relationship with your child. Our team is experienced in family law and committed to building parenting plans that meet both legal standards and real-life needs.