In Colorado divorce cases, child custody disputes are a common occurrence, but if you are expecting an all-out battle, it helps to know how the courts will try to resolve it. As a Colorado Springs child custody lawyer, I have seen many couples go through the family court system.
Continue reading for a brief overview of how you can expect a Colorado Springs judge to decide on your child custody case.
When considering which parent will get primary child custody, the Colorado Springs family court will always look out for the “best interests” of the child. The child’s best interests are considered when determining which parent should be the primary caretaker and which home environment makes the most sense for the children. This is where the character and behavior of each parent is closely examined, as well as the relationship between the parents and willingness of each party to be the custodial parent.
If disputed, the determination of a “primary caretaker” is based upon who is best able to take care of the child’s basic day-to-day needs. Here, if a child old enough, he or she can make his or her wishes known to a court-appointed custody evaluator or representative.
If a parent has a substance abuse problem, such as alcoholism or drug addiction, that parent will usually have limited custodial rights. However, a judge will need proof of any emotional, physical or sexual abuse from the addicted parent before ordering supervised visitation.
Infidelity during the marriage is typically not a factor that the courts will consider when deciding on child custody. This is because the court does not believe that a parent’s extramarital sexual relationships affect the child’s best interests. Only if that parent’s partner causes physical or emotional harm to the child will the court question a parent about that relationship.
There are many other issues that can affect a judge’s decision about child custody, but these are the most common ones. If you expect to face a contentious custody battle in Colorado, it makes sense to consult with a Colorado Springs child custody lawyer for representation in family court.
