One of the most important aspects of any divorce proceeding is who is going to retain custody of the children. For opposite-sex Colorado divorces, there are rules that have been applied and defined over the years that create settled expectations. However, as more and more same-sex couples get legally married in other states, there is a question as to how Colorado law will treat these relationships.
As a starting point, the State of Colorado does not consider same-sex marriages entered into in other states to be legally binding in Colorado. So if a same-sex couple who was married outside the state splits up while in Colorado, Colorado law will apply and will not recognize their marriage.
This can lead to situations where, if the parents had been of the opposite sex, the law would be settled. However, since the couple is a same-sex couple, the law is unsettled. This creates a difficult situation for same-sex couples because there is no way to know what to expect when splitting up.