Balancing a Child's Best Interests and Parent's Rights in Child Custody

One of the most common phrases we hear from parents is “I just want what is best for my kids.” This saying, while true, can become a difficult balancing act when parents are at odds with each other. Acting in the best interests of the child can become even more blurred when dealing with child custody.

In Colorado child custody matters, parents generally have some basic rights which include the right to physically spend time with their child and the right to make major decisions about the child’s health, education, and religious upbringing. However, the allocation of parenting responsibilities and parenting time must be balanced with the child’s best interest. A child’s best interest is generally determined on a case-by-case basis through a judicial officer’s analysis of a list of factors that have been codified by statute.

While courts generally promote a child’s relationship with both parents, a parent’s rights may be limited based on a parent’s ability to maintain legal responsibilities for their children. Ultimately, Colorado law requires that a child’s physical and emotional safety be treated as paramount. The following constitutes some of the reasons a court may limit a parent’s parenting time or decision-making abilities:

1. Substance Abuse

• Alcohol abuse during parenting time;
• Marijuana abuse during parenting time;
• Abuse of prescription medicine during parenting time;
• Illegal drug abuse during parenting time

2. Domestic Violence/Sexual Assault

• Against the other parent;
• Against the child;
• In front of the child

3. Failure to Communicate and Decision-Making Issues

• Not informing the other parent of medical care appointments;
• Not allowing the other parent to attend medical care appointments;
• Not including the other parent in major educational decisions;
• Refusing to make major joint-decisions together;
• Refusing the child’s participation in extracurricular activities without good reason

4. Refusing to Promote a Relationship with the Other Parent

• Refusing to make the child available for parenting time, FaceTime, or phone communications;
• Discussing court proceedings with the child;
• Discussing co-parenting issues with the child;
• Speaking negatively about the other parent in front of the child;
• Speaking negatively about the child’s half or step siblings;
• Refusing to promote the sharing of love, affection, and contact with the other parent

5. Not Allowing the Child to Receive Necessary Medical and Mental Health Treatment

• Not allowing the child to be seen by a physician;
• Not allowing the child to receive recommended medical care in accordance with a diagnosis;
• Not allowing the child to attend therapy, where therapy has been recommended for the child

Not Placing the Needs of the Child First

Seeking a majority of the parenting time to lessen a child support obligation;

While parents have the right to raise their children as they see fit, the courts have a duty to take the best interests of the child very seriously and will limit a parent’s rights when they are contrary to a child’s best interests. While co-parenting relationships can be difficult to navigate and oftentimes frustrating, putting your child’s interests before your own will allow your child to thrive as they develop and will help keep the court from making crucial decisions regarding your child.