Untangling the myth of the 50/50 custody split in divorce

When parents face custody battles, they may assume they will automatically share joint custody equally with the other parent. Because Colorado courts prioritize the child’s best interests, the court may not always grant parents a 50/50 split in custody.

The effects of a divorce can have many negative consequences on a child, which is why courts will review many different factors become reaching a custody decision. Knowing how a court decides custody agreements can make a difference in how you navigate your divorce.

How a court reaches their decision

Courts do not designate a custody arraignment lightly; they go through great lengths to gather the information they need to make their choice. Typically, judges will review factors in a child’s life, such as:

  • The wishes of the parents
  • What the child wants
  • The living situation of each parent
  • The emotional ties of each parent with the child
  • If living with a parent requires and drastic life changes like relocation

While there is no even-split guarantee in custody arraignments, there is no guarantee because of a parent’s gender, meaning a court makes its decision based on relevant facts alone.

Even if one parent wants sole legal and physical custody of a child, earning that outcome is rare. Courts typically only award that result in situations where one parent presents a grave and verifiable risk to the child.

Can you influence the outcome?

While you cannot force a court to come to a specific decision about your case, you can help them make their decision. An experienced family law attorney can help you gather the necessary evidence to present in court to allow a judge to understand that you are the right parent to meet your child’s needs.