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Child Protection

How Family Courts Protect a Child’s “Best Interests”

Divorce results in a big change in the family dynamic. While every member of the family is certainly impacted by these changes, kids often take the most time to adjust to the transition. Knowing this, Colorado family courts base their decisions involving children on what will be in their “best interests.” But what does this mean?

What Does “Best Interests of the Child” Mean?

“Best interests of the child” is a legal term that refers to some considerations taken into account by family court judges when it comes to child custody, child support, and visitation schedules. While parents have the right to request specific arrangements and present evidence in support of those requests, the judge ultimately has the final say. It is essential for parents to clearly and effectively present their case to increase the likelihood of obtaining the judgment that best suits their family’s goals.

What Determines “Best Interests of the Child”?

Colorado family court judges will take the following into account when making decisions about children in divorce cases:

  • The parents’ ability to communicate and cooperate
  • The ability of each parent to financially support the child
  • Any special educational, health, or emotional needs of the child
  • Relationships the child has formed with other family members
  • The wishes of the child, if mature enough to make an informed decision

Because no two divorce cases are exactly alike, decisions are reached on an individual basis. The ultimate goal is to ensure that there is as little disruption to the child’s life, if possible, and to protect their safety, security, and wellbeing.

For further information on what the courts consider when determining the “best interests” of a child, please contact a Colorado divorce attorney at Modern Family Law. We can provide you with a free consultation during which we can analyze the unique facts of your case and advise you on your best course of action.

Posted May 25, 2016
by: MFL Team


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