Colorado Child Custody Lawyer

Navigating child custody disputes can be one of the most challenging experiences for parents. The family law attorneys at Baker Law Group understand the emotional and legal complexities involved in these cases. Our dedicated child custody attorneys are here to guide you through the process, ensuring that your rights and the best interests of your child are upheld.

Understanding Child Custody in Colorado

In Colorado, child custody is legally referred to as “parental responsibilities.” This term encompasses both “parenting time” (physical custody) and “decision-making responsibility” (legal custody). Parenting time refers to the actual time a child spends with each parent, while decision-making responsibility pertains to the authority to make significant decisions about the child’s life, such as education, healthcare, and religious upbringing.

Types of Parental Responsibilities

1. Joint Parental Responsibilities: Colorado courts generally favor arrangements where both parents share joint parental responsibilities unless it is deemed not in the child’s best interests. This typically means that both parents will have a significant amount of parenting time and will share decision-making responsibilities.
2. Sole Parental Responsibilities: When one parent is awarded sole parental responsibilities, that parent will have primary decision-making authority and the majority of parenting time. This arrangement is less common and usually occurs when the other parent is deemed unfit or when joint responsibilities would not serve the child’s best interests.

Factors Considered by Colorado Courts

When determining parental responsibilities, Colorado courts prioritize the child’s best interests. The court will consider various factors, including:

• The wishes of the parents: Each parent’s preferences regarding custody arrangements.
• The wishes of the child: Depending on the child’s age and maturity, the court may consider their preferences.
• The child’s adjustment: How well the child is adjusting to their home, school, and community.
• The mental and physical health of all parties: Any physical or mental health issues of the parents or the child.
• The ability of each parent to encourage a positive relationship with the other parent: The willingness of each parent to support the child’s relationship with the other parent.
• History of domestic violence or abuse: Any history of domestic violence or child abuse will heavily influence the court’s decision.

Modifying Child Custody Orders

In Colorado, child custody orders can be modified if there is a significant change in circumstances. To request a modification, the parent seeking the change must demonstrate that the modification is in the child’s best interests. Common reasons for modification include:

• Relocation: If one parent plans to move a significant distance away, the current custody arrangement will be affected.
• Changes in the child’s needs: As children grow, their needs and circumstances may change, warranting a modification of the custody order.
• Parental non-compliance: If a parent consistently fails to comply with the existing custody order, a modification may be necessary.

The Process of Establishing Child Custody in Colorado

Establishing child custody in Colorado involves several steps, beginning with the filing of a petition and potentially concluding with a court order. Here’s an overview of the process:

Filing a Petition

The first step in establishing child custody is to file a petition for parental responsibilities in the appropriate Colorado court. This petition can be filed as part of a divorce proceeding or as a separate action if the parents are unmarried.

Mediation

In Colorado, parents are often required to participate in mediation to resolve custody disputes before going to trial. Mediation is a process where a neutral third party helps the parents negotiate a mutually acceptable custody arrangement. If mediation is successful, the agreement can be submitted to the court for approval.

Court Hearings

If mediation is unsuccessful, the case will proceed to court. During the hearings, each parent will have the opportunity to present evidence and arguments supporting their desired custody arrangement. The court will consider all relevant factors and issue a custody order based on the child’s best interests.

Parenting Plans

In Colorado, parents are encouraged to create a parenting plan that outlines how parental responsibilities will be divided. A well-crafted parenting plan can help prevent future disputes and provide a clear framework for co-parenting. A typical parenting plan includes details about:

• Parenting time schedule: Specific times and dates for when the child will be with each parent.
• Decision-making responsibilities: How major decisions about the child’s welfare will be made.
• Dispute resolution: Methods for resolving disputes that may arise between the parents.
• Transportation and exchanges: Logistics for transferring the child between parents.

Enforcing Child Custody Orders

Once a child custody order is in place, it is legally binding, and both parents are required to comply with its terms. If one parent fails to adhere to the order, the other parent can seek enforcement through the court. Enforcement actions may include:

• Contempt of court: The non-compliant parent can be held in contempt of court, which may result in fines or other penalties.
• Modification of custody: Continued non-compliance may lead to a modification of the custody order, potentially awarding more parenting time to the compliant parent.
• Supervised visitation: In severe cases, the court may order supervised visitation to ensure the child’s safety and well-being.

Common Challenges in Child Custody Cases

Child custody cases can be fraught with challenges, and it’s essential to be prepared for potential obstacles. Some common challenges include:

High-Conflict Cases

In high-conflict cases, parents may struggle to communicate and cooperate, making it difficult to reach an agreement. High-conflict cases often require more court intervention and may involve custody evaluations by mental health professionals.

Relocation

When one parent wishes to relocate, it can complicate custody arrangements. The relocating parent must provide notice and obtain court approval, demonstrating that the move is in the child’s best interests.

Parental Alienation

Parental alienation occurs when one parent attempts to undermine the child’s relationship with the other parent. This behavior can negatively impact the child’s well-being and may be considered by the court when making custody decisions.

Substance Abuse

If a parent has a history of substance abuse, it can affect their ability to obtain custody. The court will consider the parent’s current sobriety and any treatment they have undergone.

Call Our Colorado Child Custody Attorney

Navigating child custody matters can be overwhelming, but you don’t have to face it alone. At Baker Law Group, our experienced child custody attorneys are committed to protecting your rights and advocating for your child’s best interests. We understand the emotional toll custody disputes can take and are here to provide compassionate, knowledgeable support throughout the process.