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Divorce Online<br>Related Legal Information  

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Colorado divorce - child custody.

Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:
(1) the preference of the child; (2) the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent; (3) the wishes of the parents; (4) the child's adjustment to his or her home, school, and community; (5) the mental and physical health of all individuals involved; (6) the relationship of the child with parents, siblings, and other significant family members; (7) any child abuse or spouse abuse by either parent; (8) whether a parent's past involvement with the child reflects a system of values, time commitment, and mutual support; (9) the physical proximity of the parties to each other; and (10) the ability of each party to place the needs of the child ahead of his or her own needs. Visitation may be restricted if there is a danger to the child.
Joint custody may be awarded on the petition of both parents if they submit a reasonable plan for custody. The plan submitted to the court for joint custody should address the following issues: (1) the location of each parent; (2) the periods of time during which each parent will have physical custody of the child; (3) the Legal residence of the child; (4) the child's education; (5) the child's religious training, if any; (6) the child's health care; (7) finances to provide for the child's needs; (8) holidays and vacations; and (9) any other factors affecting the physical or emotional health or well-being of the child.
The actual joint custody award is based on all of the factors involved in standard custody decisions and on the following additional factors: (1) the ability of the parents to cooperate and make decisions jointly; (2) whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates the parent's ability as joint custodians to provide a positive and nourishing relationship with the child; and (3) whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents. [Colorado Revised Statutes; Article 10, Sections 14-123, 14-124, and 14-129].
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