Whether you’re filing for a divorce or legal separation, child custody can be a major source of stress for couples with children. Whether you’re terminating a partnership with a co-parent or requesting a parenting plan modification, understanding the legal intricacies of child custody matters is essential to protect the safety and well-being of your children.
In this blog, we’ll review the different types of child custody arrangements in Colorado to help co-parents prepare for family court.
How Do Family Courts Determine Child Custody Arrangements?
In Colorado, family courts are legally obligated to act in the best interests of the child. This means that they cannot side with either parent based on their income, gender, sexual orientation, religion, education level, disability status, and other discriminatory factors. Instead, family courts can consider various elements to determine the child custody arrangement that best suits the child's specific needs (Colorado Revised Statutes § 14-10-124).
Some common examples of influencing factors in child custody decisions include:
- The child’s current relationship with each parent
- The physical and mental health of each parent
- The child’s preferences, if developmentally appropriate
- The ability of each parent to provide for the child’s needs
- Each parent’s willingness to cooperate and communicate with the other
- Any history of domestic violence or substance abuse by either parent
Overall, courts aim to create a parenting plan that promotes the child’s well-being and allows both parents to maintain a meaningful relationship with their child. Remember, seeking sound counsel from a certified child custody attorney is imperative to safeguard your parental rights and navigate the complexities of custody arrangements during a divorce or related dispute in family court.
What Are the Different Types of Child Custody Arrangements in CO?
As of 1999, “child custody” is now referred to as “parental responsibilities” under Colorado law. This eliminates terminology like “sole custody” or “joint custody” and instead shifts the focus to outlining each parent's specific responsibilities and decision-making power. Understanding how family courts facilitate the allocation of parental responsibilities is critical to protecting your rights in a child custody case.
Decision-Making Parental Responsibility (Legal Custody)
Decision-making parental responsibility grants one or both parents the authority to make important decisions regarding the child's life, including education, healthcare, and religious upbringing. In Colorado, this can either be joint (where both parents have an equal say in decisions) or sole (where only one parent has this authority). The goal is to ensure decisions reflect the best interests of the child and are practical for the family's circumstances.
Parenting Time (Physical Custody)
Parenting time, also known as physical custody, refers to the actual time a child spends under the care of each parent. Arrangements can vary considerably, ranging from one parent having the majority of the time (sole physical custody) to a more balanced schedule where both parents share time roughly equally (joint physical custody). The allocation is determined by what will best serve the child’s needs and stability.
Shared Parental Responsibility (Joint Custody)
Under a shared parent responsibility arrangement, both parents are involved in the child's upbringing and decision-making processes. This collaborative approach can involve both physical and legal custody, allowing the child to spend time with both parents while ensuring each co-parent gets a say in critical childrearing decisions. This arrangement aims to foster a cooperative environment while maintaining a healthy co-parenting relationship.
Sole Parental Responsibility (Primary Custody)
Sole parental responsibility (primary custody) is a type of child custody arrangement in which one parent is primarily responsible for the upbringing and decision-making for the child. This parent will have the child for the majority of the time and sole authority to make critical decisions without the need to consult the other parent. This arrangement is considered when the court determines it would serve the child’s best interests by providing a more stable and secure environment.
What Happens if Co-Parents Can’t Agree on Child Custody?
If you and your co-parent fail to reach an agreement on parental responsibilities, the court will likely order mediation, which involves meeting with a neutral third party to discuss potential solutions and reach a mutually beneficial agreement. If mediation is unsuccessful, the next step is litigation. Both parties present their case in front of a judge, who will then make a decision based on the best interests of the child.
Compassionate Counsel for Colorado Families
At Solutions Based Family Law, we understand the sensitive and emotional nature of child custody matters. When it comes to family law disputes, our firm believes in taking a compassionate and transparent approach to help couples and families take the first step toward a happier, healthier future. Our goal is to equip you with all the information you need to make informed decisions for yourself and your loved ones, giving you peace of mind that your best interests are prioritized. With years of experience and a reputation for providing compassionate counsel in life’s toughest seasons, our highly skilled advocates are dedicated to delivering personalized solutions and effective representation to families in Centennial and beyond.
Preparing for a child custody dispute in Colorado? Call (720) 463-2232 to schedule a case evaluation with our award-winning family lawyers.