Best interests of the child
The general assembly finds and declares that it is in the best interests of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage. In order to effectuate this goal, the general assembly urges parents to share the rights and responsibilities of child rearing and to encourage the love, affection, and contact between the children and the parents. (Colorado)
The court shall determine custody in accordance with the best interests of the child. The court, upon the motion of either party or upon its own motion, may order joint or sole custody after making a finding that joint or sole custody would be advantageous to the child and in his best interests. In determining the best interests of the child the court shall consider all relevant factors including (see checklist below) (Colorado)
In making a determination of the best interests of the child, the court shall, among any other factors it finds relevant, consider all of the following:
The health, safety and welfare of the child
Any history of abuse against the child.
The nature and amount of contact with both parents. (California)
The court shall determine custody in accordance with the best interests of the child. In determining the best interests of the child the court shall consider all relevant factors including: (Delaware)
Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.
The wishes of the child's parent or parents as to his custody. (Colorado, Delaware, Illinois)
The wishes of the child as to his custodian. (Colorado, Delaware, Illinois)
The child's preference if the child is of sufficient age and understanding to form a preference. (Alaska)
The needs of the child. (Alaska)
The interaction and inter-relationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interests. (Colorado, Delaware, Illinois)
The child's adjustment to his home, school and community. (Colorado, Delaware, Illinois)
The stability of the home environment likely to be offered by each parent. (Alaska)
The education of the child. (Alaska)
The advantages of keeping the child in the community where the child presently resides. Alaska)
The mental and physical health of all individuals involved. (Colorado, Delaware, Illinois)
The ability of the custodian to encourage the sharing of love, affection, and contact between the child and the non custodial party. (Colorado)
Credible evidence of the ability of the parties to cooperate and to make decisions jointly. (Colorado)
Credible evidence of the ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party. (Colorado)
Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support which would indicate an ability as joint custodians to provide a positive and nourishing relationship for the child. (Colorado)
The physical proximity of the parties to each other as this relates to the practical considerations of awarding joint custody. (Colorado)
Whether an award of joint custody would promote more frequent or continuing contact between the child and each of the parties. (Colorado)
Whether one of the parties has been the perpetrator of child abuse or neglect. (Colorado)
Whether one of the parties has been the perpetrator of spouse abuse. (Colorado)
Physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person and witnessed by the child (Illinois)
The optimal time for the child to spend with each parent (see below) (Alaska)
Any findings and recommendations of a neutral mediator. (Alaska)
Whether there is a history of violence between the parents. (Alaska)
Other factors which the court considers pertinent. (Alaska)
Which parent is more likely to allow the child frequent and continuing contact with the other parent. (California)