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What Major Factors Does the Court Consider when Allocating Parental Rights?

In Colorado cases involving the allocation of parental rights, the court will consider several key factors to determine the best interests of the child.

Some of these factors include:

  • The child's wishes (if the child is old enough and sufficiently mature to express his/her opinion;

  • The parents' wishes;

  • The child's needs regarding education, health, social needs, etc;

  • The ability of the child to adjust to their home, school, and outside activities;

  • The prior involvement of each parent in the life of the child prior to the divorce;

  • The physical proximity between the parties (ie, how close do you and your ex live to each other);

  • Whether or not the parents can make joint decisions and cooperate together;

  • The child's relationship with you, your ex-spouse, and other family members;

  • The mental and physical health of each person involved in the upbringing of the child;

  • Whether there is any history of domestic abuse in the home;

  • Each parent's ability to support the child's relationship with the other party

  • Whether or not having joint decision-making authority for both parents would be more beneficial for the child.

Gender of the parents is NOT a factor that the courts consider when determining parenting responsibilities.

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