Protecting a Child's Best Interests in Colorado Courts
How Divorce Impacts Kids
Divorce can be an incredibly challenging experience for everyone involved,
but this is especially true for children. Watching their family fall to
pieces, they often suffer considerable emotional trauma and distress as
they wonder what the future holds. The months and years following the
divorce can also be highly stressful, as they struggle to adjust to life
with parents who live apart, possibly splitting their time between two
homes and often dealing with the fact that their parents on not on friendly
family law courts in Colorado Springs and throughout the state attempt to soften
the impact of divorce by seeking an arrangement of
child custody and
visitation that serves the best interests of the children.
How is the child's best interest determined?
State law specifically addresses this subject with Colorado Revised Statutes
§14-10-124 (2012), "Best interests of child." The law considers
that it is beneficial for both parents to play a full and active role
in the lives of the children, provided that this will not place the children
at risk of suffering any type of emotional or physical harm.
Factors that the judge is directed to consider when determining what type
of custody arrangement is in the children's best interests include the
Each parent's wishes, as well as the wishes of the child, provided that
he or she is mature enough to express such a preference
The quality of each parent's existing relationship with the child, including
the amount of time spent with the child and the parties' level of interaction
What is the child's current level of adjustment to school, the home, and
the local community
Each parent's physical and mental health (though a parent's disability
is not to be used as a prejudicial factor)
Each parent's willingness to foster a loving and meaningful relationship
between the child and the other parent
How willing each parent is to place the child's needs ahead of his or her own
Similar considerations apply both in allocating the amount of time that
the children will spend in the physical custody of each parent, as well
as awarding authority for making important decisions affecting the children's
education, health care, and similar matters.
How a Colorado Springs Divorce Attorney Can Help
At Clawson & Clawson, LLP, we fully understand just how important it
is for you to maintain your role as a parent and to ensure that your children's
best interests are served both during and after the divorce. When we represent
a parent in divorce, we take every possible precaution to avoid a lengthy
and heated custody battle that has the potential to cause everyone involved
a great deal of emotional distress.
Our goal is to make a powerfully compelling case on your behalf to demonstrate
to the judge that it would be most beneficial for your children to spend
as much time as possible with you and for you to be given a large say
in making important decisions about their upbringing.