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Will I Get Sole Custody or Joint Custody?

Joint custody is always preferred by Colorado courts, unless circumstances prohibit it from being the best interests of the child.

The preference of the courts in Colorado is for joint custody of children, unless circumstances exist which do not warrant joint decision-making (e.g. domestic violence).

The Court’s Views on Custody in Colorado

The court generally views a child’s “best interests” as involving both parents in decision-making. This is decision-making related to major medical, educational, religious, and extracurricular decisions. Day-to-day decisions are made by the parent that has the children in his/her care.

A “primary residential parent” may be designated, but this is not a substitute for decision-making, a “primary residential parent” could still have joint decision-making.

Joint decision-making is encouraged, but not always possible or always in the best interests of the children. There are no hard and fast rules. Decisions of the court are always case-specific but every chance will be given for joint custody.

Sole decision-making means one parent has the ability to determine major decisions on behalf of the children on his/her own without the agreement of the other parent.

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