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Child custody: What exactly is the meaning of better parent?

On Behalf of | Jul 6, 2021 | Child Custody

The decisions a couple has to make after they have made the decision to divorce may be many. If the Colorado couple are parents as well, they will have to decide on child custody and what that will look like. It could be that one parent is set on pursuing sole custody of the children. If this is the case each parent must be prepared to show the court why the children would be better off with him or her. The judge measures that proof by the better parent standard, but what is that, really? 

Proof must be solid 

No judge will order sole custody to a parent unless he or she believes it is in the children’s best interests. This is a decision that is never taken lightly since most judges believe children would do better having a solid relationship with each parent. Awarding sole custody means that one parent won’t have decision-making responsibilities at all when it comes to the children, so the burden of proof weigh heavily on the parent fighting for sole custody. 

What points does the use to decide? 

Judges will consider what is best for the children by meticulously poring over evidence. The judge has to be convinced the children would have a better life in the care of one parent alone. Documented proof of the claims need to be presented in court. That could include documents regarding mental health, substance abuse, domestic violence or anything else showing the children might be in danger with the other parent. 

It’s not easy to fight for sole custody. Getting the help of a Colorado attorney with experience in child custody cases is necessary. A parent needs to understand what he or she must do in court and what documents should be provided to be in the best position for a positive outcome. Understanding the better parent yardstick completely is necessary for presenting the proper evidence required by the court.