Q: Decision-making and "reasonable person statute" - does past inflexibility negate current appearance of reasonableness?
Parent B filed to modify medical decision-making, giving them sole authority on all medical decision-making. Parent A responded, those claims & requesting sole medical & educational decision-making.
Parent B is repeatedly & continuously unreasonable & unwilling to compromise or decide jointly. But, since B filed, they have become very reasonable & flexible, to the point of now considering options previously responded to with "I will NEVER"
Parent A has tried to be flexible & has repeatedly tried treatments B has suggested. Feeling those options are exhausted, A now strongly advocates for one treatment. Parent A can provide repeated, detailed documentation showing Bs inflexibility, unwillingness &, when appearing to compromise, quickly changes position.
How likely is the court to use that information? Or, is the court more likely to say something to the effect of "regardless of the past, B is now the more reasonable parent and is more likely to serve in child's best interests" ?
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A: A court can look at anything either party properly puts forth as evidence. Conduct prior to the filing of a motion is relevant, though it is up to the judge's subjective viewpoint as to what weight they will put on what evidence. As such, it's very difficult to meaningfully answer your question. More specifics are needed as to the content and volume of communications. Keep in mind the CRS 14-10-131 standards for modifying decision-making, which are generally going to be either physical danger or significant impairment to the child's emotional development if decision-making is not changed. Communication issues are certainly relevant, but have to be tied into those standards. You should consult with a family law attorney for a more thorough assessment.
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