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How To Get Sole Custody In A Colorado Divorce

On Behalf of | Jan 11, 2018 | Child Custody, Divorce

There are not too many divorce cases in which one of the parents says that they have no interest in winning custody of their child. Usually it is quite the opposite, and both parents want to win sole custody. Why shouldn’t they? Winning sole physical custody allows a parent to see their children consistently throughout the year, and winning sole legal custody allows them to make all the important decisions regarding their child’s upbringing, such as religious beliefs, where they go to school, the doctors they see, and so on. Winning sole child custody also increases a parent’s chance of receiving an increased amount of child support payments each month.

With so many benefits to sole custody rights, it is not a surprise that many divorces become contested due to just this topic alone. If you are headed towards a custody dispute that you wholeheartedly believe you should win, you must prepare for a legal battle by first knowing what you can do to increase your chances of securing custody.


The core of every child custody ruling is the child’s own best interests. A court will do everything it can to not make a child’s life worse, even if its decision clearly complicates the lives of one or both parents. Keep this in mind as you go through your divorce and you can start seeing things from the court’s perspective.

You should also ask yourself, “What promotes a child’s wellbeing? And what doesn’t?” Start to look for ways to prove yourself to the court and, if you are willing to get your hands a little dirty, ways to show the judge that your ex-spouse is not fitting to be a parent. Don’t get too venomous, though. Aggression, anger, and pettiness do not look good to the court, even if you make valid points against your spouse.

The top five things a court will also consider when ruling on child custody are:

  1. Criminal history (signs of domestic violence)
  2. Income and stability of both parents
  3. Where each parent lives
  4. Health of child and parents
  5. What the child prefers (if mature enough)

When all things are weighed and measured, the court will come to its decision. If you want to do all you can to ensure that ruling is in your favor, you should contact GEM Family Law Firm and our Denver divorce attorneys right away. By working closely with you from start to finish, we can assist you in building a persuasive argument that speaks highly on your behalf.