Law Office of Stephen J. Harhai
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If you have children who are still dependent, you will need to have an arrangement for custody. The first choice that has to be made is between joint custody and sole custody. If you settle on joint custody, you will need a custody plan that details the arrangements.

You will also need to determine the times that the children will spend with each parent, known as parenting time. Be sure to deal with all of the following:

If you cannot agree on custody arrangements, you may want to consider using a mediator to assist you. Another resource is a custody evaluation in which mental health professionals assess all members of your family and make recommendations to you and the court.

If the matter is determined by the court, the judge will determine custody based on the best interests of the child, including the following factors:

(a) The wishes of the child's parents as to his custody;
(b) The wishes of the child as to his custodian;
(c) The interaction and interrelationship of the child with his parents, his siblings, and any other person who may significantly affect the child's best interests;
(d) The child's adjustment to his home, school, and community;
(e) The mental and physical health of all individuals involved;
(f) The ability of the custodian to encourage the sharing of love, affection, and contact between the child and the noncustodial party;
(g) Credible evidence of the ability of the parties to cooperate and to make decisions jointly;
(h) Credible evidence of the ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
(i) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support which would indicate an ability as joint custodians to provide a positive and nourishing relationship with the child;
(j) The physical proximity of the parties to each other as this relates to the practical considerations of awarding joint custody;
(k) Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parties;
(l) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of child abuse or neglect, then it shall not be in the best interests of the child to award joint custody over the objection of the other party or the guardian ad litem of the child.
(m) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parents has been a perpetrator of spouse abuse, then it shall not be in the best interests of the child to award joint custody over the objection of the other party or the guardian ad litem of the child, unless the court finds that the parties are able to make shared decisions about their children without physical confrontation and in a place and manner which is not a danger to the abused spouse or the child.
(2) The court shall not consider conduct of a proposed custodian that does not affect his relationship to the child.
(3) In considering a proposed custodian, the court shall not presume that any person is better able to serve the best interests of the child because of that person's sex.
(4) If a parent is absent or leaves home because of spouse abuse by the other parent, such absence or leaving shall not be a factor in determining the best interests of the child. For the purpose of this subsection (4), "spouse abuse" means the proven threat of or infliction of physical pain or injury by a spouse on the other parent.

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