Westminster is a city in Adams and Jefferson counties, which are both northwest of Denver. It has neighborhoods that are good for families, good public schools, and easy access to both city life and the mountains. A lot of parents here have to answer a tough question during a divorce: who gets to keep the kids?
In Colorado, child custody, legally called “parental responsibilities,” is determined in the child’s best interests. A skilled Westminster divorce lawyer can help parents understand how courts weigh factors like stability, safety, and each parent’s involvement.
In this article, you’ll learn how judges make custody decisions, what factors matter most, and how parents can prepare for the process.
What Does “Parental Responsibilities” Mean in Colorado?
Colorado does not use the word “custody” in its statutes. The law refers to the allocation of parental responsibilities, which covers two things: decision-making and parenting time.
Decision-making means who makes major choices about school, health care, and religion. Parenting time is the schedule that shows when your child stays with each parent. Both can be shared or primarily given to one parent.
You can review the full legal standard under Colorado law through resources like this, which explains how courts define custody and parental responsibility in plain terms.
How Do Judges Decide What’s in the Child’s Best Interest?
The court focuses on one core standard: the child’s best interests. Not what feels fair to you. Not what either parent wants.
Under Colorado law, judges look at several factors, including:
- The child’s relationship with each parent
- Each parent’s ability to support the child’s needs
- The child’s adjustment to home, school, and community
- Any history of domestic violence
- The mental and physical health of all parties
According to recent data, Colorado courts often favor arrangements that allow children ongoing contact with both parents when it is safe and practical.
Does Colorado Prefer 50/50 Parenting Time?
There is no automatic 50/50 rule.
Courts often encourage shared parenting when both parents are fit and cooperative. But equal time is not guaranteed. Judges consider work schedules, the distance between homes, and how well parents communicate.
For example, if one parent travels weekly for work, a strict 50/50 schedule may not serve the child’s routine. Stability usually weighs heavily.
What Happens If Parents Disagree?
When parents cannot agree, the court may order a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE). These professionals interview both parents and sometimes the child.
They review school records, medical history, and home environments. Then they submit a report with recommendations.
In high-conflict cases, these reports carry significant weight. Judges rely on them to understand family dynamics beyond courtroom testimony.
Does a Child Get to Choose?
Not exactly.
Colorado courts may consider a child’s wishes, especially if the child is mature enough to express a reasoned preference. However, there is no fixed age when a child “chooses.”
The child’s voice is one factor among many. It does not override safety or stability concerns.
How Does Domestic Violence Affect Custody?
Domestic violence changes everything.
If credible evidence shows abuse, the court must prioritize safety. Colorado law restricts joint decision-making when domestic violence is present.
Research cited by the violence prevention shows that children exposed to domestic violence face higher risks of emotional and behavioral issues. Courts take that seriously.
What Should You Focus on During a Custody Case?
Judges watch behavior closely. Your actions matter more than your arguments.
Focus on:
- Keeping communication child-centered
- Following temporary court orders
- Maintaining a stable routine
- Documenting important interactions
- Avoiding conflict in front of your child
Small, consistent actions often speak louder than dramatic courtroom moments.
Key Takeaways
- Colorado decides child custody based on the best interests of the child.
- “Parental responsibilities” include decision-making and parenting time.
- Courts often support shared parenting, but 50/50 time is not automatic.
- Child wishes may be considered but are not controlling.
- Domestic violence heavily impacts custody decisions.
- Court-appointed investigators can influence outcomes in contested cases.
