While couples must frequently overcome a number of hurdles when pursuing divorce, determining child custody can be one of the most contentious steps in the entire process. Colorado courts prefer to award joint custody, with both parents being awarded legal and physical custody of their children. Some parents adapt to this situation easily, while others agree to award physical custody to one party with the other being granted visitation rights. In these cases, child custody can be determined quickly and without argument.

However, parents that disagree over custody arrangements can easily be drawn into a long legal battle, often requiring the intercession of a third party to be settled. Some parents employ family law attorneys or mediators to help them come to an agreement. Even in informal negotiations where courts are not involved, experts recommend that each parent consult an attorney to help them better communicate their needs and desires to the other party. Parents may also reach an agreement through out-of-court resolution proceedings, which must be approved by a judge to become final.

If the parents cannot agree on custody arrangements, the case will generally be taken to family court. In such an event, it is crucial to employ qualified legal counsel, as custody proceedings can be complex and typically require a great deal of preparation. Parents must prove that the child's best interests will be served under their care. While "best interests" are defined differently between jurisdictions, courts generally consider the health of each parent, the child's sex, age and education and several other factors.

Source: ABC2News.com, "What to expect in a child custody dispute," Ed Greenberger, Dec. 7, 2011