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As a married Colorado parent contemplating divorce, you likely place your children’s post-divorce custody at the top of your list of concerns. You hope that you and your soon-to-be former spouse can come to an amicable agreement about this crucial issue, but what if you fail to do so? What if your spouse wants to contest custody? How will the judge go about deciding which of you (s)he will award custody to?

Per FindLaw, the court always looks to the best interests of the child when determining custody. This specific, yet quite broad, standard requires the court to consider numerous factors, including the following:

  • Which of you currently prepares and serves the majority of your children’s meals
  • Which of you currently provides the most oversight and guidance regarding baths, grooming, appropriate dress, etc.
  • Which of you currently provides the most homework assistance and oversight
  • Which of you currently attends the majority of your children’s school functions
  • Which of you currently makes the majority of your children’s health care decisions

Additional considerations

The court will also seek to determine the following:

  • Your current mental and physical health and that of your spouse
  • If one or more of your kids has special needs
  • How much interaction your kids currently have with you and your spouse
  • How deeply attached your kids are to their current neighborhood and school
  • If either you or your spouse has a drug or alcohol problem
  • If either you or your spouse has ever neglected or abused the children

Finally, the court can also take into consideration the custody wishes and concerns of any of your children who has attained the age of 14 or above.

This is general educational information and not intended to provide legal advice.