What is the criteria for assessing the best interests of a child?

By Kate Miller
October 12, 2017
What is the criteria for assessing the best interests of a child?

In Colorado courts assess best interest of the child by applying the following factors, the wishes of the child of the parents as to parenting time, and the wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule. Additionally, considered is the interaction and inter-relationship of the child with his or her parents, or his or her siblings, and any other person who may significantly affect the child's best interest, the adjustment to his home, his school, his community, and the mental and physical health of all individuals involved.

But disability alone is not a basis to deny or restrict parenting time in this factor. The ability of the parent to encourage the sharing of love, affection and contact between the child and the other parent and there's an exception to this one. If there's domestic violence or neglect, that's considered in whether or not the parents are encouraging the child to have a loving relationship with the other parent.

Whether there's a past pattern of involvement of the parties with the child reflects a system of values, time commitment and mutual support. The physical proximity of the two parties to each other as it relates to practical considerations of parenting time. Finally, the ability of each party to place the needs of the child ahead of his or her own needs.


Kate Miller is a Denver, Colorado attorney focused exclusively on the practices of divorce and family law. She has lived many of the issues regarding divorce and child custody, and is passionate about helping people through this process. To learn more about Kate and her firm visit www.MillerFamilyLawLLC.com.

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October 12, 2017
Categories:  FAQs

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