When children are involved in a divorce, one of the main concerns is "custody" of the children and what type of parenting schedule each parent will have.

Over the past several years, Colorado Courts, and in particular, Denver Courts have shown a preference for awarding shared custody and residential responsibility. This means that each parent has at least 92 overnights with the children, and up to 182 overnights.

In determining the amount of overnights with the children, the Court examines 11 factors:

1. The wishes of both parents;
   
2. The wishes of the child if he/she is mature enough to show a reasoned preference;
3. The interactions and relationships of the child with the parents, siblings, and other persons residing in a potential residence;
4. The child's adjustment to his/her current residence;
5. The mental and physical health of the parties involved;
6. Each party's ability to encourage love, affection, and contact with the other party;
7. Any past patterns of involvement a party has with the children;
8. Physical proximity of the parties (for practical considerations);
9. If one of the parties has committed child abuse;
10. If one of the parties has committed spousal abuse;
11. The ability of the party to place the children's needs ahead of his/her own needs.

Denver and Colorado Courts have shown a preference for each party having as much time with the children as possible. Divorce Courts have stated they believe all children benefit from the love and affection of both parents whenever possible and appropriate as determined by the 11 factors above. Many times, this will result in the Court awarding a 50/50 parenting schedule where each parent has 182 overnights with the child, or a true shared custody between the parents.

Other considerations parents and the Court must make when determining a parenting schedule are the dates a child will be with each party. This is why a divorce Court may order a very specific parenting schedule, especially when a 50/50 parenting schedule has been selected. A Court may lay out which holidays, weekdays, weekends, and school vacations each parent will have, or how such custody will be alternated between the parents.

At Johnson Legal Group, our lawyers specialize in Family Law and realize that children are a parent's main concern. As parents ourselves we understand that time spent with children is invaluable. Our team of lawyers always ensure that the best interests of our client, and their children, are considered throughout all stages of a divorce. If you would like to discuss your particular case with one of our experienced attorneys, please call our Denver office at 303-394-3030, or by filling out our online inquiry form.