If you are in the process of getting divorced or have already separated from your ex, you may need to go through a legal process to establish parental responsibilities. In Colorado, what is commonly referred to as “child custody” is legally called the allocation of parental responsibilities. It includes both parenting time (physical custody) and decision-making responsibility.
Colorado courts make decisions regarding parental responsibilities based on the best interests of the child. In many cases, parents are able to negotiate a parenting plan outside of court, which can then be submitted to a judge for approval. Our Denver child custody attorneys can help you understand your rights as a parent, explore your options, and advocate for you throughout every stage of the process.
At Solutions Based Family Law, we know that child custody disputes are among the most emotionally-challenging legal matters many of our clients will ever face. We offer dedicated, compassionate legal representation to families throughout the Denver metro area. Contact our law firm today to schedule a confidential consultation with a seasoned Colorado family lawyer.
Understanding Colorado Child Custody Laws
In Colorado, child custody is known as allocation of parental responsibilities (APR). It includes two parts:
- Decision-making responsibility, which is a parent’s authority to make major decisions for the child.
- Parenting time, or physical custody, determines when and the amount of time that each parent spends with the child.
For both types of parental responsibilities, Colorado judges will make a decision based on the best interests of the child.
Decision-Making Responsibility
When it comes to decision-making responsibility, courts generally prefer joint decision-making if the parents can cooperate and communicate effectively. Otherwise, the court will focus on an arrangement that best serves the child.
Decision-making responsibility includes the right to make decisions about important issues such as:
- Education, including choosing a school, the decision to homeschool, and getting evaluations for learning disabilities or special education services.
- Medical care, which includes deciding on healthcare providers, surgeries, and other procedures, medications, and vaccinations. When parents share joint decision-making responsibility, they typically must agree on major medical decisions. In the event of a dispute, the court may resolve the issue or allocate decision-making authority as appropriate.
- Religion, including religious upbringing, attendance at services, and participation in rites.
Decision-making authority may also extend to issues involving a child’s general welfare, such as participation in extracurricular activities or getting a learner’s permit. For example, if a child wants to take dance classes and participate in competitions, that will likely affect both parents’ schedules, parenting time, and finances. As such, it is an issue that will probably require mutual agreement.
Most parenting plans will require parents to share important information about their child, such as information from medical providers, to facilitate cooperation. This does not necessarily mean that one parent has to act as an assistant to the other parent, particularly when the information is equally available to both parents (such as school calendars). When it comes to decision-making authority, courts will consider whether each parent is consistently involved in a child’s education, healthcare, and other aspects of their lives.
While courts prefer to award shared decision-making authority, there may be situations where one parent is awarded full decision-making authority or sole authority over a particular issue. For example, if one parent is adamantly opposed to any sort of traditional schooling for their children, the court may award sole decision-making authority for education matters to the other parent. If one parent is struggling to make good decisions about the kids due to substance abuse or mental health issues, a court may award sole decision-making authority to the other parent. Again, these determinations come down to the best interests of the child.
At Solutions Based Family Law, we draft parenting plans that anticipate potential disagreements and include options for dispute resolution to avoid going to court repeatedly. Our Denver child custody lawyers can help you create a parenting plan that reflects your unique situation and supports effective co-parenting.
Parenting Time
Parenting time determines where a child lives and how their time is divided between parents. Just as with decision-making responsibility, parenting time decisions are always based on the best interests of the child.
Colorado law encourages frequent and continuing contact between children and both parents when it is in the child’s best interests, but there is no legal presumption of equal parenting time.. While this doesn’t necessarily mean that there will be a 50-50 custody split, it does place parents on equal footing at the start of the analysis.
There are many reasons why parenting time might not be equally divided, including work schedules, the child’s age, the child’s preferences (if they are mature enough to express them), and the distance between parents’ homes. Courts do not base decisions solely on factors such as a parent’s:
- Income or salary
- Gender
- Sexual orientation
- Genetic information (other than paternity information)
- Religion
- Job
- Education level
- Relationship issues (such as adultery that led to a divorce)
- Disability status
- Attendance in therapy
There are many different parenting time arrangements that may be made based on each family’s situation. If parents live relatively close to each other, then they may split time in one of the following ways:
- Week-on, week-off, which is when the child alternates homes weekly. This is often better for older kids.
- A 2-5-5-2 schedule, which allows a child to see both parents more frequently. For this reason, this is often preferred for younger kids.
Parents can also design a custom parenting schedule that works best for their family, such as one parent having weekday parenting time and the other having alternate weekends. Our Denver child custody attorneys can help you develop a parenting time plan that meets your needs.
Our parenting plans will also include things like holidays, school breaks, and vacations. If you and your ex live far apart, we can structure the parenting time to allow for longer visits during school breaks and summer vacation.
When possible, it is often less stressful and expensive to work out a parenting time arrangement with your ex rather than relying on the court to decide for you. If you do agree on a parenting plan, it should still be submitted to the court for review and approval. That way, you will have a legally enforceable agreement in place in case an issue arises in the future. If you need help establishing, modifying, or enforcing a custody order, Solutions Based Family Law can represent you and advocate for your child’s best interests.
What Do Courts Consider When Deciding the Best Interests of the Child?
All APR/child custody decisions in Colorado are made based on the best interests of the child. This means that decisions are not based solely on the parents’ preferences. Instead, the focus is on what would be best for the child(ren).
Judges will consider several statutory factors when deciding what is best for the child, including:
- The wishes of the parents
- The child’s wishes, if the child is mature enough to express them
- The child’s relationships with parents, siblings, and others
- The child’s adjustment to home, school, and community
- The mental and physical health of all parties
- Each parent’s ability to encourage a positive relationship with the other parent
- Each parent’s past involvement and commitment
- The distance between the parents’ residences
- Each parent’s ability to prioritize the child’s needs
In addition, when it comes to decision-making responsibility, courts will examine:
- Whether the parents can cooperate and make joint decisions
- The parents’ history of making decisions together
- Whether joint decision-making will encourage ongoing involvement by both parents
As noted above, Colorado courts don’t decide custody based on things like gender (i.e., there is no preference for women/mothers) or a parent’s conduct that does not affect the parent-child relationship. However, if there are issues – such as domestic violence, untreated mental health issues, substance abuse, or child abuse and neglect – the court can and will take these issues into account. In addition, if there is a history of abuse or violence between the parents, courts will prioritize the safety and well-being of the child and the affected parent.
If you have questions about child custody or need advice, we are here to help. Reach out to our law offices at any time to schedule a confidential consultation with a Denver child custody attorney.
Can I Modify My Custody Arrangement?
It is possible to modify your parenting time and decision-making authority order in Colorado. This may include seeking a change to physical custody schedules or changing who makes decisions about certain issues in a child’s life. These types of modifications may become necessary as a child gets older and circumstances change.
There are two different legal standards when it comes to modifying parenting time. If you want to change the parenting schedule without modifying who is the primary residential parent, then a court will grant the request as long as it is in the best interests of the child. For example, if one parent had limited visitation because of their work schedule, they might seek a modification when they have more free time.
If the requested modification does not substantially change the child’s primary residence, the court will apply a best interests of the child standard. However, if the proposed change would modify who is the primary residential parent, then courts apply a stricter standard. This is because a modification won’t just change the amount of time that a child spends with each parent, but also the child’s primary residence.
In these cases, a court won’t grant a modification unless it is in the best interests of the child AND one of the following applies:
- The parents agree to the modification.
- The child has been integrated into the family of the parent seeking the change, with the other parent’s consent.
- The current situation endangers the child’s physical or emotional health, and the advantage of the requested change would outweigh any disadvantages.
- A parent plans to relocate with the child in a way that would substantially affect the other parent’s parenting time
For example, the primary custodial parent gets a job offer in Houston. It is a great move for that parent’s career, but it would mean that their ex would see their child infrequently instead of several days per week. In this situation, a court may grant a modification so that the Colorado parent is the primary residential parent if it is also in the best interests of the child.
Parents can also agree to a modification. For example, the primary custodial parent finds it increasingly difficult to get along with their child in their teen years. The teen gets along better with the other parent and wants to live with them. In this situation, the parents may agree to a modification, which may then be approved by the court if it is in the best interests of the child.
A motion to substantially modify parenting time is generally limited to once every two years, unless certain exceptions apply. However, there are two exceptions to this rule. If the child’s health or emotional development is in danger or their main residence is changing, then you can request a custody modification even if it has been less than 2 years since the last petition or order.
In the example above, where the custodial parent got a job offer in Houston, that type of change would allow a request for modification regardless of the timing. If you learn that your ex has started dating someone who has been convicted of child sexual abuse in the past, you can petition for a modification to protect your child’s physical and emotional well-being.
A change in parenting time can also impact child support obligations. If you are seeking a substantial modification of custody, then you will need to submit financial documents along with your petition for a modification. This will allow the court to evaluate child support obligations based on any updates to the parenting time arrangements.
It is also possible to seek a modification of decision-making responsibility. Courts may modify decision-making responsibility upon a showing of changed circumstances and if the modification is in the best interests of the child. The standard for making this change is similar to that for modifying child custody.
The established decision-making responsibility will be maintained unless one of the following applies:
- The parents agree.
- The child has been integrated into the family of the parent seeking the change, with the other parent’s consent.
- There was a modification of parenting time that justifies the change.
- One party has consistently allowed the other to make unilateral decisions for the child.
- The child is endangered by the current allocation of decision-making authority, and the advantage of changing it outweighs any harm.
For example, consider a situation where a child has been diagnosed with a medical condition that requires treatment. The parents have joint decision-making responsibility, but one parent refuses to consent to the ongoing treatment that will be necessary for the child’s health. The other parent believes that they should follow the medical advice offered by multiple experts and get treatment for the child. Here, because the refusal to consent to treatment would endanger the child, a court may modify decision-making authority (at least regarding to medical care).
As with all custody decisions, modification decisions will always include an analysis of the best interests of the child. If you want to seek a modification of parenting responsibilities, our law firm can help. Our Denver child custody lawyers will review your situation and advise you of your rights and options for getting a custody modification in Colorado.
Dealing with a Child Custody Issue? Contact Solutions Based Family Law.
Parental responsibility determinations are governed by Colorado statutes, and outcomes can vary depending on the specific facts of each case. No parent wants to lose time with their kid or their ability to make decisions about what is best for them. This can make child custody cases incredibly stressful and overwhelming. Our Denver child custody lawyers will guide you through the Colorado family law process, protecting your parental rights and advocating for your child’s best interests.
Solutions Based Family Law represents individuals and families in a wide range of Colorado family law matters, including divorce, legal separation, child custody, and child support. We offer customized legal solutions that are designed to meet your unique needs, whether that means negotiating an agreement with your ex or taking your case to court. To learn more or to schedule a consultation with a Denver family law attorney, give us a call at (866) 522-7959 or fill out our online contact form.