Home » Law and Legal Articles » Colorado Child Custody Looks at Physical, Mental and Emotional Needs
Colorado Child Custody Looks at Physical, Mental and Emotional Needs
Colorado law states that child-custody decisions must be in the child's best interests with special attention to the "physical, mental, and emotional conditions and needs of the child."
January 19, 2012 /Law and Legal PR News/ -- Colorado Child Custody Looks at Physical, Mental and Emotional Needs
Divorce is never easy, but when kids are involved, a parent worries about where the children will live and how much time they will have with each parent. What will happen on birthdays and holidays, and during vacations?
The other component of parenting that must be divided is the power to make important decisions regarding the children's lives like those involving medical or educational matters.
Some couples can negotiate parenting plans, but agreements are not always possible. When you can't come to a voluntary agreement, child custody questions can end up in court. Having the court evaluate your personal situation in light of your kids' best interests is nerve wracking. No one is a perfect parent, but most are much more than adequate. When you are the parent under the court's magnifying glass, however, it can be an emotional roller coaster.
Colorado public policy is that it is best for all when the children continue to have regular contact with each parent after the family separates, favoring shared child-rearing.
Colorado law governs what the court must consider in dividing parenting time and decision-making powers. The decision must be in the child's best interests with special attention to the "physical, mental, and emotional conditions and needs of the child." The court may not presume that a parent's gender makes him or her a better parent nor may a parent's conduct be considered if it does not affect the parent-child relationship.
The court shall also not be influenced by a parental decision to leave the household because of domestic violence.
When allocating both parenting time and decision making, the court must consider "all relevant factors" and these things:
-Parental wishes and child's wishes (if mature enough)
-Significant parental, familial and other relationships
-Everyone's "mental and physical health" (disability alone is not enough to curtail parenting time)
-The child's comfort at home, at school and in the community
-Parental ability to foster the child's relationship with the other parent
-Past parental involvement
-Geographic proximity
-Evidence of child abuse or neglect, or domestic violence
-Parental ability to put the child's needs first
In addition to these factors, when allocating decision-making powers individually or jointly the judge must also look at the parents' ability to cooperate. Interestingly, Colorado law allows either parent to consent to emergency medical treatment for the child regardless of the final terms of the divorce.
The guidance of a skilled Colorado family law attorney is crucial throughout this journey -- from initial negotiation through the court process. In particular, an experienced child custody lawyer can prepare and educate a parent facing a court-ordered investigation by a psychologist or a child and family investigator.
Article provided by Law Office of Stephan E. Uslan
Visit us at www.uslanlaw.com
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