hearing. 

​

In order to determine parenting time and decision-making responsibility, the court will need to hear evidence about what each party is requesting and why the request is in the best interests of the child.  The court considers the following factors when determining the best interests of the child for parenting time:

​

• The wishes of the child’s parents as to parenting time;

• The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;

• The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;

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

• The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;

• The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party's protective actions shall not be considered with respect to this factor;

• Whether the 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 parties to each other as this relates to the practical considerations of parenting time; and

• The ability of each party to place the needs of the child ahead of his or her own needs.

 

See C.R.S. § 14-10-124(1.5)(a).  Additionally, the court considers the following factors when determining the best interest of the child for decision making responsibility:

​

• 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 that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child; and

• Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties.

 

See § 14-10-124(1.5)(b).  In addition to all these factors, the court will also consider evidence of domestic violence, child abuse, and/or sex assault where the child was conceived as a result of the sex assault in determining the best interests of the child for parenting time and decision-making responsibility.  See § 14-10-124(4)(a).  For example, if the court finds by a preponderance of the evidence that one of the parties has committed domestic violence, it shall not be in the best interests of the child to allocate mutual decision-making responsibility over the objection of the other party or the legal representative of the child, unless the court finds that there is credible evidence of the ability of the parties to make decisions cooperatively in the best interest of the child in a manner that is safe for the abused party and the child.  See § 14-10-124(4)(a)(II)(A).

 

If you are going through a divorce or other proceeding involving parenting time and decision-making responsibility, call the Law Office of Michael Swink today and speak with an attorney that understands the factors the court will consider when determining the best interests of the child.