What does the court look at when determining custody? It’s actually pretty straightforward: 14-10-124 of the Colorado Revised Statutes. It’s all about the best interest of the children. There are no presumptions.
What judges rely on
They have certain factors that they’re looking at. They're going to rely on testimony. They’re going to rely on investigations. They’re going to rely on everything at their disposal to determine simple facts: What’s in the best interest of the child, and who is best suited to have the most parenting time and decision making ability.
It’s completely data driven
The court goes into all of those things, so when you start thinking about what it looks at, just look at the facts. It’s completely data driven and unemotional. Which parent is best suited to placing the child’s needs above their own?
Look at the text messages between the parties. Which one is putting the child’s needs in front of their own? Which one is using the child to their advantage to cause the other parent pain? Courts don’t like things like that. Follow 14-10-124 of Colorado Revised Statutes, and you’re golden.