Divorce Colorado Custody
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A marriage is considered as a sacred bond that unites two individuals for a lifetime. But, it is observed that not every couple can preserve this marital union. Vast differences in opinions lead the spouses to dissolve their marriage. Marital dissolution is a legal termination. This procedure becomes a little bit complicated if children are involved in it. The issue of child guardianship is solved by the court by considering all relevant factors. Details about divorce custody in Colorado can be explained as below.
Factors considered in Divorce Custody in Colorado
The state laws have specified that the following factors must be taken into account by the court to determine the best interests of the child.
Points relevant to Divorce Custody in Colorado
- The capacity of each partner to consider the requirements of the kids and prioritize them. It is essential to know whether the partner seeking custody is ready to make adjustments in their routine life.
- Whether the person was involved in spousal abuse or violent behavior and can this be endorsed by credible proof? Any kind of neglect or desertion in case of the family will be regarded as a serious issue while awarding the responsibility.
- Are the residences of the spouses physically close? This directly affects the time considerations, if joint parenting plan is to be implemented.
- Was the involvement of the family members in the past good and mutually supportive?
- The capacity of one parent to promote sharing of contact, affection and love between the other one and the child. Even if partners are not on mutual terms, they should be able to keep formal relations.
- The physical and mental health of all the persons involved in the issue.
- It must be kept in mind that any disability cannot solely become the reason to restrict or deny visitation or custody.
- The adjustment of the child in the community, at school and in the house.
- The interrelationship and interaction of the kids with the following persons –
- The spouses
- The siblings
- Any other individual who affects the case.
- If the minor child is mature enough to form opinions and communicate independently, and also state reasoned preferences, then the desires of the child are taken into account.
- The desires of the spouses.
There are some important facts that explain the rules of the court during child custody. They are as follows –
- Sole legal guardianship implies that one spouse makes all the crucial decisions. The spouse handling sole guardianship has all legal rights over the aspects like educational, medical, developmental decisions.
- Joint legal guardianship indicates that both partners have the authority to make these decisions. It does not limit physical custody, but also legal rights of the children. The spouses should make all decisions by discussion and mutual agreement.
- Let us consider a case in which one spouse has physically abused the other during marriage. Due to this the victim is anxious about unsupervised visitation. Some experts are of the opinion that if one parent has shown such abusive nature, the same behavior will be followed during visits. However, the court demands proof that the unsupervised visitation is contrary to the best interests of the kid.
- Let us assume a case in which the partner permitted for temporary visitation is involved in another relationship. In some of these cases, the courts prohibit the presence of a third person till the divorce is finalized. On completion of a reasonable duration of adjustment, this prohibition might be canceled.
- If the custodian parent does not permit the non custodian to follow visitation schedule, the non custodian should not stop disbursing child support. Instead, the non custodian needs to file a contempt action for enforcement of his/her visitation rights.
- Let us think about a case in which a custodian is not getting support payments. Consequently, can this custodian stop the non custodian from visits? The answer is that the custodian should not act in this manner without an apt court order. The custodian needs to file a contempt action for collection of the monitory support payments.
- In the case of relocation of the partners, the court demands a proper reason for such shifting. The custodian parent has to ensure the court that such relocation will not affect the best interests of the child.