If you are in the process of getting divorced or have already separated from your ex, you will likely need to go through a legal process to establish custody. In Colorado, child custody is referred to as the allocation of parental responsibilities. It includes both parenting time (physical custody) and decision-making responsibility.
Colorado courts make all custody decisions 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, courts must make the decisions.
- 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.
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.
Courts generally begin with the presumption that both parents should be involved in their child’s life. 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 make custody decisions based on either 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 won’t be made based 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.
Dealing with a Child Custody Issue? Contact Solutions Based Family Law.
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.