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Colorado Child Custody Laws

Colorado child custody is determined based upon the "best interests of the child" standard. The following factors will be considered in determining what child custody arrangement is in the child�s best interests:

• the preference of the child;

• the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;

• the wishes of the parents;

• the child's adjustment to his or her home, school, and community;

• the mental and physical health of all individuals involved;

• the relationship of the child with parents, siblings, and other significant family members;

• any child abuse or spouse abuse by either parent;

• credible evidence of the ability of the parties to cooperate and to make decisions jointly;

• whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support which would indicate an ability as joint custodians to provide a positive and nourishing relationship with the child;

• the physical proximity of the parties to each other;

• whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parties .

Joint custody may be awarded if the parties submit a formal parenting plan to the Colorado Court. In assessing the appropriateness of the joint custodial arrangement, the Court will consider the afore-mentioned factors and the following:

• the ability of the parents to cooperate and make decisions jointly;

• the ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent;

• whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates the parent's ability as joint custodians to provide a positive and nourishing relationship with the child;

• the physical proximity of the parents to each other as this relates to the practical considerations of where the child will reside;

• the ability of each parent to maintain adequate housing for the child; and

• whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents.

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