When meeting with your child custody attorney in Centennial, CO, one of the first questions you’ll likely have is how child custody is determined in the state.

In most states, the term “physical custody” refers to the parent’s right to spend time with the child, while “legal custody” refers to the parent’s right to make decisions for a child. In the state of Colorado, these two concepts are referred to as “parenting time” and “decision-making responsibility” respectively. When determining which parent will obtain each right, the courts will take into account several factors.

How Child Custody Is Decided in Colorado

When determining parenting time, Colorado judges will base their decision on the child’s best interests. State laws provide a list of factors that the judge will need to consider, including the child’s preference and his or her relationship with each parent. In addition, the judge will also consider:

  • The wishes of both parents
  • The physical and mental health of the child and parents
  • Whether the child is well-adjusted in his or her current community, home and school
  • Each individual parent’s willingness and ability to provide the child with a loving relationship
  • Whether a parent has committed domestic violence or child abuse
  • Each parent’s ability to put the child’s needs first
  • How close the parents live to each other.

While the judge will be considering all of these factors, it’s important to remember that every case is unique, and there may also be other factors involved. Call Walker, Wright & Associates today at (303) 730-0067 to get information and guidance on child custody.

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