Best Interests of the Child in Colorado: The 9 Factors Judges Evaluate

When a Colorado judge decides how to allocate parenting time, they don't flip a coin or go with their gut. C.R.S. § 14-10-124 lays out nine specific factors that must guide every custody decision. If you're heading into a contested hearing — or even negotiating a parenting plan in mediation — understanding exactly what the court weighs gives you a concrete framework for building your case.

The 9 Statutory Best-Interests Factors

1. The wishes of both parents. The court considers what each parent wants for the parenting schedule. But wanting more time isn't enough — you need to show why your proposed schedule serves the child's interests, not just your preferences.

2. The child's wishes. If the court finds your child is mature enough to express a reasoned, independent preference, it can consider their input. There's no fixed age threshold — a judge evaluates maturity case by case. A 14-year-old with a clear, well-articulated preference carries more weight than a 7-year-old repeating what one parent coached them to say.

3. The child's relationships. Judges examine the quality of the relationship between the child and each parent, siblings, and any other person who significantly affects the child's life. This includes grandparents, stepparents, and half-siblings who live in either household.

4. The child's adjustment. How well has your child adapted to their current home, school, and community? Courts are generally reluctant to disrupt stability — a child thriving in their current school and neighborhood has a strong anchor that argues for continuity.

5. Mental and physical health of everyone involved. The court considers the mental and physical health of both parents and the child. However, Colorado law explicitly states that a parent's physical disability alone cannot justify denying or restricting parenting time.

6. Willingness to foster the other parent's relationship. This factor carries significant weight. The court examines whether each parent encourages a loving relationship between the child and the other parent — or whether one parent undermines, disparages, or obstructs that relationship.

7. Past pattern of parental involvement. What does the track record actually look like? Who attended school conferences, drove to soccer practice, managed doctor appointments, and handled bedtime routines? The court looks at demonstrated involvement, not promises about future involvement.

8. Geographic proximity. How close do the parents live to each other? A 10-minute drive between homes supports frequent exchanges and shared parenting time. A 90-minute commute creates logistics challenges that may require a different schedule structure.

9. Each parent's ability to prioritize the child. Can each parent put the child's emotional and physical needs above their own? This factor addresses situations where a parent's personal conflicts, new relationships, or lifestyle choices interfere with consistent parenting.

Three Additional Factors for Decision-Making

When allocating decision-making responsibilities (the authority over education, healthcare, and religious upbringing), the court evaluates the nine factors above plus three more:

• Whether the parents can cooperate on major decisions
• Whether their history shows a pattern of effective joint decision-making
• Whether joint decision-making would increase the child's contact with both parents

What Judges Cannot Consider

Colorado law also specifies what's off-limits. Under C.R.S. § 14-10-124(3), a judge cannot presume one parent is better suited based on their gender. A father's case is evaluated on exactly the same factors as a mother's case. The court also cannot hold a parent's request for genetic testing against them, and a parent who left the family home to escape domestic violence cannot have their departure treated as abandonment.

How to Use These Factors in Your Case

Whether you're negotiating a parenting plan or preparing for a hearing, building your position around these nine factors keeps you focused on what actually matters to the court. Document your involvement in your child's daily life — school pickups, medical appointments, extracurricular activities. Show your willingness to cooperate with the other parent. Propose a schedule that matches your child's current routine and developmental needs.

The Colorado Child Custody & Parenting Plan Guide includes a best-interests factor worksheet that helps you organize evidence for each of the nine statutory criteria before mediation or court.

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