Partners ThroughoutYour Family Law Case

  1. Home
  2.  » 
  3. Child Custody
  4.  » How Is Child Custody Determined In Colorado?

How Is Child Custody Determined In Colorado?

On Behalf of | Jan 3, 2018 | Child Custody

It comes as no secret that one of the most contested and emotional issues couples face during divorce is child custody. Since a person’s children are often the most precious people in their lives, many parents often butt heads during the process of divorce when attempting to determine who they will live with and who will be able to make decisions on their behalf. While parents are able to make this determination themselves through out of court negotiations, unfortunately, raised tensions can sometimes make this impossible.

If parents should be unable to come to a mutual agreement, the court may step in and issue a decision on their behalf. The court will consider various factors when determining how custody powers will be shared, though their ultimate goal will be to issue an order that is aligned with “the best interests of the child.” But how exactly does the court decide what is best for the child?

A judge will weigh the following factors when deciding an appropriate custody arrangement:

  • The child’s preference, if old enough to express their desires
  • The child’s relationship with each parent
  • The desires of the parents
  • The child’s current schooling and living arrangement
  • The physical and mental health of all parties
  • Each parent’s willingness and ability to provide suitable care
  • Each parent’s current living situation
  • Each parent’s current employment and earning capacity
  • Each parent’s history of abuse or domestic violence
  • The amount of time each parent spends with the child

Do Mothers Get Favorable Treatment ?

While in years past mothers would receive preferential treatment during custody proceedings under the “tender years doctrine,” this practice has since been abolished by the Supreme Court and has been deemed to be an unconstitutional form of sex discrimination. Now, both mothers and fathers are seen as equals in the eyes of the law when vying for custody of their children.


Not all custody disputes have to escalate into ugly legal battles in court. If you and your spouse are currently at odds with each other regarding the division of parental powers following your divorce, get in touch with a Denver child custody attorney from The GEM Family Law Firm today. With honest, trustworthy advocacy and a dedication to pursuing collaborative solutions, our compassionate advocates can provide the skilled guidance you need to resolve your situation with minimal stress.

To learn more about child custody, contact GEM Family Law to request a free consultation.