If the spouses have minor children of the marriage, they must resolve custody matters to get divorced. The court shall make a decision following the best interests of the child. In the state of Colorado, the court considers that frequent and prolonged contact with both parents meets this requirement. Therefore, quite often, Colorado courts decide in favor of joint custody if this does not contradict the safety of the child. If there is evidence of violence in the family by one of the spouses, then most likely, this parent cannot get custody of the child.
Before making a final decision, the court analyzes such factors as the wishes and preferences of parents, the relationship between a child and the parents including other significant family members, the mental and physical health of the all the parties involved, the ability of parents to encourage the contact of a child with the other parent and to resolve conflicts in the process of upbringing, and any other factors that the court may consider relevant.
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