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Are moms preferred when it comes to custody in Colorado?

There was once a time when it seemed like the mom was the preferred parent after a divorce. This is no longer the case. While it may have once been the standard practice for the children of divorced parents to stay primarily with mom and regulating dad to every other weekend visits, like most everything, the times are changing. With both dads and divorce courts noticing that each parent plays a significant role in children’s lives, custody decision have increasingly become more level.

The time that parents spend with their children after a divorce has long been called “custody.” This term now seems to be changing to “parenting time.” While moms are still receiving the majority of the time with the children after a divorce, this is not a pre-determined assumption by the court.

How is a custody decision made for parents? It usually comes down to one thing, what is in the best interest of the child. Typically, these are the main factors for determining custody allocation during divorce.

Best interest for the child

This is by far the biggest determining factor. But how does a court come to this decision? It will usually be based on:

  • The wishes of the children
  • The wishes of each parent
  • What the child’s relationship is with each parent and guardians
  • Adjustments that will be needed for school, home and where they will live
  • The physical and mental state of both the children and parents

Joint custody is preferred

Divorcing couples in Colorado have been noticing that the preference for custody is for both parents to have an active role in the raising of their children. The only exception to this is the possibility of emotional or physical danger being present.

It is best if you already have a plan in place

During the divorce process you may have already been living separately and have come up with a schedule you are both comfortable with. This plan can be submitted for approval and can often be more flexible and beneficial for the whole family than a court-imposed custody order.

If you are beginning process of divorce and have worries about a custody decision, just remember that the court does not tip the favor of custody in either direction unless there are extenuating circumstances. There are several factors that will go into the determination and the well-being of the children will always be first and foremost.

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