Single father and sons

Who Gets Custody of the Children in a Divorce?

Child custody, otherwise known as the allocation of parental responsibilities in Colorado, is one of the most critical aspects of family law. Custody issues that occur due to the divorce process can lead to heated arguments and disagreements. If you and the other parent cannot agree on a parenting plan, the decision will be made by a judge based on what they think is in the child's best interest.

Our family attorneys at Law Office of Greg Quimby, P.C. are breaking down what courts will consider when deciding on child custody matters.

Health and Safety of the Child

Although courts prefer ordering joint decision-making arrangements to keep both parents in a child’s life, they prioritize the child’s safety. They will look at any evidence of domestic violence, child abuse, or neglect. Each party will need to meet the child’s basic needs and put them in front of their own, ensuring their health.

Emotional and Developmental Needs of the Child

The courts will also consider the parent’s relationship with the child and their involvement in the child’s life. The basic needs must be provided, but judges also want to see how the parents have given emotional support. To avoid damaging a child’s development and to maintain stability, courts will generally favor arrangements that minimize disruption to the school, the community, and relationships. 

The Willingness of the Parents to Get Along

The law places a strong emphasis on each parent’s ability to encourage a positive relationship between the child and the other parent. If co-parenting is an option, courts want to ensure that both parties can make joint decisions without engaging in battle.

Best Interest of the Child

Similar to most states, Colorado makes decisions on child custody matters based on the “best interests” standard. This means that the child’s welfare is prioritized even ahead of the parent’s wants.

Navigating the custody process can be overwhelming, but you don’t have to do it alone. Our Colorado Springs family lawyers are committed to protecting you and your children’s rights.


Call (719) 212-4227 or contact us online to schedule an appointment for a free consultation today with one of our child custody attorneys.

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