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Colorado Child Custody Factors


Legal Custody (Decision Making):

  1. Ability of the parties to cooperate and to make decisions jointly
  2. Past pattern of involvement of the parties with the child that 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.
  3. Promotion of more frequent or continuing contact between the child and each of the parties.
  4. Child abuse or neglect.
  5. Spouse abuse.
  6. The court shall not consider conduct of a party that does not affect that party’s relationship to the child.
  7. The court shall not presume that any person is better able to serve the best interests of the child because of that person’s sex.
  8. A parenting plan submitted by either party.

Physical Custody (Parenting Time):

  1. Wishes of the child’s parents as to parenting time.
  2. Wishes of the child if sh or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.
  3. 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.
  4. Child’s adjustment to his or her home, school, and community.
  5. Mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time.
  6. Ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party.
  7. Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support.
  8. Physical proximity of the parties to ach other as this relates to the practical considerations of parenting time.
  9. Child abuse or neglect.
  10. Spouse abuse.
  11. Ability of each party to place the needs of the child ahead of his or her own needs.


    12. Colorado Revised Statutes Sec. 14-10-124

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    Comments

    Comment from Tams
    Time: March 5, 2008, 4:15 pm

    I am a single mom who has friends who are single dads as well as other single moms. Thank you for this info I am now printing up for the dads. Hopefully this will help them out in what they need to do; or at least give a better understanding.

    Comment from papa
    Time: March 5, 2008, 8:54 pm

    Hi Tams,

    You just made my day with your comment.
    Thank you! And best wishes.

    Comment from Chris
    Time: March 14, 2008, 11:55 am

    Ex put the child in private school, no information what so ever to me, she now filed a motion to modify child support and have me pay for it?? The child does not have any special needs and the private school is religious which myself, the mother or the child is not. Will the court order this in the worksheet or we each have to pay for 1/2?

    Comment from Megan
    Time: April 22, 2008, 9:47 pm

    My boyfriend has a daughter with this girl and she refuses to let him see his daughter unless she is there…she has no reason not to let him have his daughter…what can he do?

    Comment from papa
    Time: April 22, 2008, 10:40 pm

    Hi Megan, how old is the daughter?
    How much time had he spent with the daughter before separating his daughter’s mother?

    Comment from lala
    Time: April 23, 2008, 1:59 pm

    My husband has a son who’s mother is refusing to let him see his son. Unless…… he has $$ to give her, it’s like he has to bribe her in order to see his son. His son is 4yrs old and he has been paying her $$ when he can and tracks this by money orders. She has not started any custoday proceedings that we know of, he was locked up for 4 months for traffic violations and now that he has gotten out, he has called asking to see his son and she refuses. She now has a new boyfriend in her life, which basically now, it seems to us, that she wants my husband to have nothing to do with his son! If anyone can give us some input on this it would be greatly appreciated :D

    Thanks!

    Comment from papa
    Time: April 23, 2008, 5:48 pm

    Yes, Lala… well, you’re in a situation that might be sort of a catch-22. I’m taking a guess that since your husband was recently locked-up he may have gotten a little behind financially. I’m taking a guess on that one.

    But, the bottom line is that if your husband wants to have a regular schedule of visitation (parenting time) with his child that can be legally enforced, he’s going to have to take this before a Judge.

    At that point, a set child support schedule will also be set-up. Basically, for all practical purposes, the child support system often seems to amount to the same thing as what you got. You pay money to see your child. See, the noncustodial parent’s got no guarantee what the custodial parent’s doing with the money.

    Anyway, good luck and please stop back with an update.

    Comment from SARA
    Time: April 26, 2008, 6:50 pm

    I am a single mother of a two year old son, his father has only seen him 3 times and not for over 7 mos. he refuses to see him with out his new girl friend and there son, the last time he called i told him he needed to come alone and had to see him consitently. I was served papers 6 mos later, we agreed he would have 10 supervised vists 2 which i would attend. DHS refuses to let me be there, what can i do so my son is not around strangers? can they do that even thou we had an agreement?

    Comment from papa
    Time: April 26, 2008, 9:02 pm

    Hi Sara, while part of me sympathizes with you … the other part just doesn’t completely believe your whole story.

    Why should you have any right to tell your ex who can be with him during his parenting time? (presuming that they are normal people who don’t in any way jeapordize your son’s interest.) Does your ex ever have any say ever about who you have around HIS SON.

    I think you are absolutely right that your ex needs to see his son consistently. You are very right about that! And, he should want to see his son consistently!

    But, can you in good faith make a best interest argument in respect to your ex being there with his girlfriend and her son? Perhaps he’s going to be marrying her soon, and, her son will be his step brother. Your son might as well start getting to know his possible future step brother now …

    You say you don’t want your son around strangers. That’s where I don’t believe you. I think you don’t want your son to be around your ex’s GIRLFRIEND. I mean… if your ex had an old lady neighbor who came over and helped him care for your son, would you object as strongly.
    Would you say, “HEll no, I don’t want that old lady around my son. She is a stranger.”

    Besides, your ex’s girlfriend and son will only be a stranger for perhaps the first visit. Then, they won’t be strangers anymore. You’re no longer a stranger when the person knows you!

    Furthermore, what say does your ex have in saying who’s around his son. You seem to be forgetting that your son IS HIS SON TOO! I fear you came to the wrong spot Sara if you wanted somebody to sympathize with your jealousy and spite which is disguised as concern for your son. See, I’m just not buying it…. you have the son come in contact with all sorts of people, I’m sure, and, your ex has no say in it…

    Basically, my advice is that you start trying like hell to get along with your ex FOR THE SAKE OF YOUR SON! It is in your son’s best interest that ya’ll get along.

    You don’t mention the details of your agreement, so, I don’t know….

    If you don’t like my answer, you can try someone else.

    Good luck Sara.

    Papa D.

    Comment from Nick
    Time: April 30, 2008, 6:14 pm

    Some people might not know, Most fathers would pay to have there kids live with them and not charge the mother any thing. I would Love more then any thing, To have my girl live with me, I dont get that right i get the bill. I can set up stuff to do with her, Mabie mommy lets her mabie she dont, we cant make them we can only ask them. Most of the time after you drive hours to go they will not answer. The law does not make them live up to it. THEY MAKE US.
    I pay my child support, always on time I know i will never get to see my kid the way we agreed, i can go to court with the money i dont have, and lose like all guys do, WE are not fathers WE ARE CHECKS, we turn fathers when the children turn 16 mabey 18 if mommy dont let them visit us. When i lost the rights to my girl, I said we should get married for the best for the kid… I was the best father. I never left my kid she got stole from my by her mother. We can not ask for our money to go for clothing or food, it goes for drugs. drinks any thing they want. Many people i know have fought years to see a little of there kids when the parent who gets cust. does not have to fight for any thing.. Where are all the rights the one who loses male or female. they dont care about the kid they car about some one having to pay a bill like every thing. If i said today i will double child support if my girl can live with me 1 week a month They will not, she is not our she is hers, her mother is a crapy mother always in trouble, always jobless, dont own her own car. I am a great father work full time owns my own car and place, If it was for the best choice i would be it by far,
    Thanks Nick

    Comment from Darren
    Time: May 6, 2008, 4:34 pm

    I pay child support to my ex wife, around $500 a month…my son is just turning 18….I know the Colorado law is pay to he is 19, but he just moved in with me full time…she insists I keep paying her…is this true?

    Comment from papa
    Time: May 8, 2008, 1:27 am

    As I understand it, she is correct. In my opinion, you will need to go back to court and present your “change of circumstances” to the Judge in order to change the existing child support order.

    Comment from Denise
    Time: August 26, 2008, 9:17 pm

    My husband just found out today that his parental rights were terminated in 2005 when his ex-wife’s husband legally adopted his (my husband’s) son. My husband has been divorced from his ex-wife for eight years and has not seen his son in seven years. Unfortuantely, there was a lot of problems during the divorce and following it that caused this separation of father and son (on the mother and father’s part). He had a hard time paying child support the first year because it was more than half his income and became behind. For the past five years he has paid his obligation on time each month plus money towards the arrears. (He’s not perfect, but he was desperately trying to be better and have a chance to see his son.) Then today he finds out he no longer has any legal rights to his son and hasn’t for three years - yet he has been paying the court ordered child support the whole time. His ex-wife had written a letter to the Family support registry and told them that she waited until he had paid the arrears to her calculations before closing the file at the FSR. How can this happen without the notification of the father if he is paying the court-ordered child support? Is there any advice you can give us on this matter? My husband is devastated and any help would be appreciated. Thank you in advance.

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