How to Prepare for a Child Custody Case in Colorado

• 1). Know your state's laws. Courts in Colorado will always do what is in the best interest of your child. This is spelled out very clearly in the state's Parenting Time Enforcement Act, which states: "... in most situations it is important to the healthy development of children that the children spend quality time with both parents." Courts in Colorado have adopted the trend of shared parenting time, formerly known as "joint custody" when deciding who has physical possession of your child, as well as who makes his legal decisions. This is not to say that one parent may not get sole custody; however, courts will refuse custody or visitation to one parent only in extreme circumstances.
  
  
• 2). Be apprised of the factors courts take into consideration in deciding what's best for your child. The court will certainly consider the wishes of the parents as to how much parenting time they want. However, it will also consider the wishes of a child mature enough to express his preferences as to which parent he wishes to spend more time with. The court will also note how your child interacts with you and your ex-spouse, as well as other siblings and any other people who may have contact with your child, such as a significant other. Courts also consider how well a child has adjusted to a particular home, school and community, as well as the physical and mental health of both parents, as well as the child (although a disability is not enough to preclude the court from denying or restricting parenting time). But the statutory language that perhaps best sums up what courts most closely scrutinize is which parent "best encourages the sharing of love, affection, and contact between the child and the other party (parent)."
  
  
• 3). Know what factors act against you or your ex. The court scrutinizes each parent closely to determine if they place the needs of their child above their own needs. Parenting time can be severely restricted or denied if you or your ex-spouse have been accused of neglect. If spousal abuse or child abuse took place in the home, this will weigh heavily against the perpetrator when the court determines if shared parenting time is in your child's best interest.
  
  
• 4). Prepare a parenting plan. Both you and your ex-spouse are required to submit to the court, in writing, a proposed plan that outlines your parental rights and duties when it comes to making your child's legal decisions (e.g., health care and decisions about education), as well as how much time your child spends at your residence or in your care. This applies to divorces that are uncontested and contested.
  Don't let things become contentious; if you and your ex cannot come up with a parenting plan that you both agree on, the court will make a determination for you based on the factors above. It's best to adhere to the court's mandates; to enforce a parenting time order, the court can order you and your ex to attend mediation, family counseling, parent education classes, and may even require parenting time to be monitored or supervised, as well as provide for a neutral drop-off and pickup location for your child.
  
  
• 5). Repeat it again: "The best interest of the child." The best preparation for a custody case in Colorado is to understand how law has changed over the years to place your child's needs over those of his parents. The "best interest" phrase is peppered throughout Colorado's state statutes, and it is applied definitively in modern courtrooms by judges who want to ensure that your child has a quality relationship with both of his parents.