If you’re involved in a custody or parenting case in Colorado, you will hear one phrase over and over again:
“The best interests of the child.”
Parents often assume this means the court will decide based on what feels fair—or what one parent believes is best. In reality, Colorado courts follow a specific framework, and misunderstanding it can hurt your case.
Here’s what the “best interests of the child” standard actually means in Colorado—and how it’s applied in real life.
What Does “Best Interests of the Child” Mean?
In Colorado, courts do not decide parenting time or decision-making based on who is the “better” parent, who earns more money, or who wants custody more.
Instead, judges focus on what arrangement will most effectively support the child’s health, safety, and emotional well-being—now and in the future.
It’s not about rewarding or punishing parents.
It’s about creating stability for the child.
The Factors Colorado Courts Consider
Colorado law requires judges to evaluate several specific factors when determining a child’s best interests. Some of the most important include:
1. The Child’s Relationship With Each Parent
Courts look at the strength and quality of the child’s bond with each parent—not just how much time each parent wants.
Real-world example:
A parent who has consistently attended school events, medical appointments, and daily routines may be viewed as providing greater stability than a parent who was less involved, even if both love the child equally.
2. The Child’s Adjustment to Home, School, and Community
Judges consider how well the child is doing in their current environment.
Real-world example:
If a child is thriving academically and socially, courts are often hesitant to disrupt that stability unless there’s a compelling reason.
3. Each Parent’s Ability to Encourage a Healthy Relationship With the Other Parent
Colorado courts place significant weight on whether a parent supports—or undermines—the child’s relationship with the other parent.
This is a big one.
Real-world example:
A parent who bad-mouths the other parent, interferes with parenting time, or uses the child as a messenger can damage their own case—even if they believe they’re protecting the child.
4. The Mental and Physical Health of Everyone Involved
Courts may consider mental health, substance use, or physical conditions—but only as they relate to parenting ability and the child’s safety.
Important:
Having anxiety, depression, or a medical condition does not automatically count against a parent. The court focuses on how well the parent manages it and whether it impacts the child.
5. Each Parent’s Past Involvement in the Child’s Life
Judges look at historical caregiving—not promises about what a parent will do in the future.
Real-world example:
If one parent handled most of the daily responsibilities before separation, courts may consider maintaining that continuity.
6. The Child’s Wishes (In Some Cases)
A child’s preferences may be considered, depending on age and maturity—but the child does not get to “choose” where they live.
Judges are careful not to place adult decision-making burdens on children.
What the Court Does Not Consider
Parents are often surprised by what doesn’t matter as much as they expect:
- Gender of the parent
- Who filed for divorce first
- Infidelity (unless it impacts the child)
- Who is more likable or emotional in court
- Social media opinions or family pressure
Courts are focused on evidence, patterns, and behavior—not feelings alone.
Why Parents Misunderstand the Standard
Many parents walk into custody cases believing:
- “If I’m a good parent, the court will see it.”
- “The judge will understand my side.”
- “The truth will speak for itself.”
Unfortunately, courts don’t work on assumptions—they work on demonstrated behavior and credible evidence tied directly to the child’s best interests.
This is where having experienced legal guidance matters.
How This Impacts Your Case
Understanding the “best interests of the child” standard helps parents:
- Avoid behaviors that unintentionally hurt their case
- Focus on what courts actually care about
- Make strategic decisions instead of emotional ones
- Present evidence that aligns with legal priorities
Custody cases aren’t about winning—they’re about protecting your child’s future.
Why Understanding This Standard Matters
If you’re navigating a parenting or custody matter in Colorado, knowing how courts define a child’s best interests can make all the difference. Every family is different. Every case is unique. But the legal framework stays the same.
At Boal Law, we help parents understand what courts are truly looking for—and how to protect both their rights and their children’s well-being. If you have questions about your specific situation, speaking with an experienced attorney early can help you avoid costly mistakes later.