statutory best-interests factors in Colorado

2024See In re Marriage of Garst, 955 P.2d 1056, 1059 (Colo. App. 1998) (noting that, while the court could have made more specific findings, the findings made and reference to the parenting evaluation “demonstrate that the trial court considered” the appropriate best interests factors). 9 ¶ 23 The court began by citing the correct statutory standard for endangerment, along with the statutory best interests factors.

2024See In re Marriage of Garst, 955 P.2d 1056, 1059 (Colo. App. 1998) (noting that, while the court could have made more specific findings, the findings made and reference to the parenting evaluation “demonstrate that the trial court considered” the appropriate best interests factors). 9 ¶ 23 The court began by citing the correct statutory standard for endangerment, along with the statutory best interests factors.

2016See § 14-10­123.4(1)(a), C.R.S. 2015 (children have the right to have parental responsibilities determined based on their best interests); § 14-10­124(1.5), C.R.S. 2015 (requiring a court to allocate parental responsibilities in accordance with a child’s best interests, giving paramount consideration to the child’s safety and physical, mental, and emotional conditions and needs); see also Barker , 251 P.3d at 592 . ¶27 As the district court noted in its order, and the record confirms, the arbitrator conducted a hearing, applied the statutory best interests factors relative to parenting time, a

2016See § 14-10­123.4(1)(a), C.R.S. 2015 (children have the right to have parental responsibilities determined based on their best interests); § 14-10­124(1.5), C.R.S. 2015 (requiring a court to allocate parental responsibilities in accordance with a child’s best interests, giving paramount consideration to the child’s safety and physical, mental, and emotional conditions and needs); see also Barker , 251 P.3d at 592 . ¶27 As the district court noted in its order, and the record confirms, the arbitrator conducted a hearing, applied the statutory best interests factors relative to parenting time, a

2025We are not persuaded. ¶9 When the parent with whom the children primarily reside intends to relocate to a residence that substantially changes the 3 geographical ties between the children and the other parent, the court must determine, based on the statutory best interests factors and relocation factors, whether it is in the children’s best interests to relocate with the requesting parent. § 14-10-124(1.5)(a), C.R.S. 2024; § 14-10-129(2)(c), C.R.S. 2024; see also In re Marriage of Ciesluk, 113 P.3d 135, 140 (Colo. 2005).

2025See In re Marriage of DeZalia, 151 P.3d 647, 650 (Colo. App. 2006).

2024See In re Marriage of Nelson, 2012 COA 205, ¶ 35 (“[Even where] there is evidence in the record that could have supported a different conclusion, we will not substitute our judgment for that of the district court.”). ¶ 20 Nor are we persuaded by grandmother’s argument that the district court failed to consider the statutory best interests factors under section 14-10-124(1.5).

2024In assessing the best interests factors, “[t]he trial court need not make specific findings on each and every factor listed in the statute so long as there is some indication in the record that the pertinent factors were considered.” See People in Interest of A.M.K., 68 P.3d 563, 566 (Colo. App. 2003).