Best Interests of the Child

When a court makes decisions about parenting time and decision-making, the court’s goal is what is best for the child, not what is best for either parent. The court looks at many factors, and no single factor controls the outcome. Here are the factors the court looks at:

1. What is each parent asking for?

The court will consider what each parent is asking for in terms of parenting time and responsibilities.

• Parents must file JDF 113: Parenting Plan. Fill out the form and take it to your local court to file it with the clerk of court. 
• What parents want matters, but it is only one factor.
• The court will not automatically grant a parent’s request just because that parent wants it.

2. What does the child want?

The court may consider the child’s wants, but this can be complicated.

• Parents usually cannot just tell the court what the child said. This is hearsay, you must get the information in another way. 
• The child must be mature enough to express a meaningful and independent preference.
• There is no specific age when a child’s wishes automatically count.
• The child’s views must be their own—the court will not consider them if it appears a parent coached or pressured the child.
• The court could hear about what the child wants through a Child and Family Investigator (CFI). 
  • For more detailed information, see our guide on Working with a Child and Family Investigator (CFI).

3. What relationships does the child have?

The court looks closely at the child’s important relationships.

• Who does the child have close and consistent relationships with?
• This includes parents, siblings, extended family, and people in the child’s community.
• The court considers how a change in parenting time might affect those relationships.

4. Has there been domestic violence?

If domestic violence has occurred between the parties, it is a factor that will impact the court’s decision regarding parenting time.  

• Evidence the court will consider
  • Reports from a Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE)
  • ‍Information from a Guardian ad Litem (GAL), who is the child’s lawyer
  • Testimony from the parties
  • Evidence like text messages or photos 
  • Testimony from therapists or other professionals
  • Records from Child Protective Services
  • Reports from supervised parenting time providers
  • Statements from teachers, school counselors, or other witnesses    
  • Anyone else able to testify

For more detailed information, see our guide on Domestic Violence in Divorce and Custody Cases.

5. How is the child adjusting to their home, school, and community?

The court looks at how the child is doing day to day.

• What is the child’s normal routine?
• How has the child handled changes to that routine?
• Is the child stable in their home, school, and community? 

6. Are there health issues that affect parenting? 

The court considers whether health issues affect parenting.

• Do the children have physical, developmental, or mental health needs?
• Do either of the parents have physical or mental health conditions that affect their ability to parent safely and consistently?
• A disability alone is not a basis to deny or restrict parenting time.  

7. Does each parent support the child’s relationship with the other parent?

The court expects parents to support the child’s relationship with the other parent when it is safe to do so.

• The court looks for evidence that you encourage love, affection, and contact with the other parent.
• Parents should not speak negatively about the other parent to the child.
• Actions taken to protect children from witnessing domestic violence or from being a victim of child abuse or neglect will not be held against a parent.

8. How involved has each parent been?

The court considers each parent’s history with the child.

• Who has been involved in the child’s daily care?
• Who shows consistent time, effort, and support?
• The court looks at patterns over time, not just recent behavior.

9. How far apart do the parents live?

The court takes practical issues into account, such as:

• How far apart do the parents live?
• How does the distance affect school, transportation, and parenting schedules?

10. Does each parent put the child’s needs first?

The court expects parents to prioritize the child’s needs over their own.
This can include:

• Meeting the child’s physical and emotional needs consistently
• Supporting the child’s relationship with the other parent
• Avoiding decisions based solely on anger, resentment, or personal conflict 

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.