When parents can’t agree on a parenting schedule or a joint plan for making decisions (such as which school or orthodontist the child will go to), the Court creates a custody order that ensures the best interest of the child.
How the judge discovers what’s in the best interest of the child
Colorado law guides the Court on how to split up decision-making responsibilities and parental responsibilities.
To figure out the best interest of the child for parenting time, the judge considers these nine factors:
- What does each parent want?
- What are your child’s wishes (depending on your child’s age)?
- What are the relationships like between your child and each parent, their siblings, and other significant people in their lives?
- How has your child adjusted to their home, school, and community?
- How is your, your co-parent’s, and your child’s physical and mental health? (Note: A disability cannot be the only reason for reducing parenting time.)
- Can each parent foster a positive relationship between the child and the other parent?
- Does your pattern of involvement with your child reflect a system of values, time commitment, and mutual support? Does your co-parent’s?
- How far apart are the parents’ homes?
- Can each parent place the needs of their child over their own needs?
When splitting up decision-making responsibilities, the Court considers these three factors:
- Can you and your co-parent cooperate and make joint decisions?
- What is your and your co-parent’s past patterns of values, time commitment, and mutual support?
- Will joint decision-making help the child stay in contact with each parent?
How to document parenting time and responsibilities
OurFamilyWizard, a co-parenting app, documents not only your regular parenting time schedule but also any changes, holidays, and activities or events. You can even create a GPS Check-in to create a record of timely pick-ups and drop-offs. The app’s Calendar will provide evidence of your pattern of involvement—it’s a single source of truth.
The Court will decide whether you keep to the schedule consistently, but it will also look at all your parental responsibilities. These can include:
- Providing safe, clean housing
- Providing meals
- Clothing
- Bathing
- Education
- Providing medical care
- Attending to the child’s emotional and physical needs
If one parent currently handles most of those responsibilities, that will weigh in their favor.
OurFamilyWizard reports can provide evidence of your interactions, cooperation, and flexibility. For example, if your co-parent sends you a schedule change request and you accept it, that shows cooperation and flexibility.
If you want to record a specific action, whether you helped your child with their homework or bought them new boots, you can create an entry in the Journal and share it with your co-parent and connected professionals. You can include a picture of the completed homework or new boots. (The new boots can also be logged in the app’s Expenses section.)
If your child experiences a medical problem, the Info Bank has sections for entering incidents, medications, and procedures. If you have any medical documents, you can upload them, too.
How to support your child’s relationship with their other parent
The Court will consider whether you and your co-parent can work together to prioritize the needs of your child above your own individual needs.
Here’s one thing the judge considers: Can each parent support a relationship between the child and their other parent? A parent who shows a pattern of interfering with the other parent’s role in the child’s life could harm their own case.
OurFamilyWizard’s newest feature, Calls, coupled with Messages and the Calendar, can provide reliable evidence. If a parent always answers a call at the scheduled time so that the other parent can talk to their child, the record will show that pattern.
How OurFamilyWizard helps co-parents and family law professionals
By creating an unalterable record of all the parenting and co-parenting activities you enter in the app, OurFamilyWizard can show that you’re a reliable and supportive parent. It also helps family law professionals get the evidence they need to figure out what’s in the best interests of your child.