Going through a divorce is difficult, and when children are involved, it can be even harder. You want the best for your child, but you may feel lost in the legal process. If you’re facing a custody battle in Colorado, understanding how courts determine the best interest of the children is crucial.
Colorado family courts focus on what benefits the child the most, not just what parents want. Understanding custody and the best interests standard can feel overwhelming, but you don’t have to navigate it alone. At Plog & Stein P.C., we help parents like you understand their rights and options. Call us today or contact us online to get the guidance you need.
The Best Interest of the Child Standard
Colorado courts use the best interest of the child standard to make custody decisions. This means they evaluate multiple factors to decide what will promote a child’s safety, happiness, and well-being. The court does not favor one parent over the other based on gender. Instead, the judge looks at specific factors to determine a parenting plan that best supports the child.
Some key factors considered include:
- The child’s relationship with each parent;
- The ability of each parent to provide a stable home;
- The child’s adjustment to home, school, and community;
- The physical and mental health of both parents and the child;
- Each parent’s ability to encourage a relationship between the child and the other parent; and
- Any history of domestic violence or substance abuse.
Ultimately, courts strive to create a parenting arrangement that fosters a loving, stable, and supportive environment for the child.
Best Interest of the Child and How It Affects Parental Rights
Parents have legal rights, but when it comes to custody, those rights must align with the best interest of the children. Courts recognize that children generally benefit from relationships with both parents. However, if one parent poses a risk to the child’s well-being, the court may limit that parent’s custody or visitation rights.
Parents who want custody should demonstrate:
- A history of active involvement in the child’s life;
- The ability to provide a safe and stable environment; and
- A willingness to work with the other parent for the child’s benefit.
Legal guidance can help protect parental rights while focusing on what is best for the child.
What Is Not in the Best Interest of the Child?
Certain behaviors and situations can negatively affect children, thereby impacting custody decisions. Courts will consider anything that may harm the child’s safety, emotional well-being, or stability.
The following factors can hurt a parent’s custody case:
- Substance abuse issues,
- History of domestic violence or neglect,
- Frequent moves or unstable housing,
- Refusing to support the child’s relationship with the other parent, and
- Mental health concerns that impact parenting ability.
If either parent exhibits any of these traits, the court may order supervised visitation or limit their parental responsibilities. Parents should address any concerns early to strengthen their custody case.
Best Interest of the Child Checklist
If you’re preparing for a custody case, consider this checklist to improve your chances of a favorable outcome:
- Maintain a stable home environment. Courts favor consistent, safe living situations. A predictable routine and a secure home can help children feel safe and supported.
- Stay involved in school and activities. Show that you actively support your child’s education and interests. Attending school meetings, extracurricular activities, and medical appointments demonstrates commitment.
- Encourage a positive relationship with the other parent. Parental cooperation benefits your case. Being open to communication and co-parenting agreements can reflect positively in court.
- Follow court orders and agreements. Demonstrating responsibility matters. Courts look favorably upon parents who respect legal agreements and parenting plans.
- Avoid conflicts in front of your child. Courts consider how parents handle disagreements. A peaceful environment reduces stress for the child and supports emotional stability.
- Prioritize your child’s emotional and physical well-being. Providing love, discipline, and a stable environment with consistent routines helps ensure your child’s overall happiness and sense of security.
By following these guidelines, you can demonstrate to the court that you are fully committed to your child’s best interests.
Best Interest of the Child Examples
Each case is unique, but below are some examples of how courts may apply the best interest of the child standard.
Example One
A mother and father both want primary custody. The child has lived primarily with the mother and is doing well in school. The father has moved multiple times in the past year. The court may decide that stability with the mother is in the child’s best interest while granting the father regular visitation.
Example Two
One parent has a history of substance abuse but has completed a treatment program. The other parent is concerned about safety. The court may allow visitation but require proof of continued sobriety. Regular drug and alcohol testing may be mandated to ensure the child’s safety, and the court might order supervised visitation until the parent proves long-term sobriety.
Example Three
A child has a strong bond with both parents, and both provide stable homes. The court may grant joint custody to ensure the child continues to benefit from both relationships. The judge may establish a parenting plan that includes equal or near-equal time with each parent. However, the court will consider factors such as school schedules and the child’s age to attempt to create a smooth transition between homes.
Take the Next Step—Protect Your Parental Rights with Plog & Stein P.C.
Navigating a child custody battle can feel overwhelming, with so much at stake for you and your child’s future. It can feel daunting to navigate the intersection of the best interest of the child and parental rights. However, you don’t have to face this challenge on your own, as strong legal representation can make a significant difference.
At Plog & Stein P.C., we provide compassionate guidance and strong legal representation to protect your child’s future. Our team understands the challenges of custody cases and is ready to help. If you need to understand your rights and options, call us today or contact us online to schedule a consultation. Your child’s well-being matters, and we’re here to fight for the best possible outcome for your family.
