Child Custody and Visitation

Custody in Colorado is decided based on the best interests of the child.  This is determined by the court examining several factors such as the wishes of parents, the wishes of the child, the presence of relatives, the child’s relationship with the parents, and the parents’ ability to plac the needs of the children ahead of their own, among other things.

There is no limit to what the court may consider when deciding custody, and the court has discretion to place greater or lesser emphasis on any factor.  There is no set age by which a child may choose which parent to live with, and the child’s wishes may not be considered if the child is young or mentally unable to reasonably decide.

In Colorado, custody is viewed in two parts.  Parenting time, which refers to how physical custody of a child is split between parents, and decision-making authority, which refers which parent has the rights to make decisions about a child’s upbringing and care.