Denver Child Custody Lawyer

Denver Child Custody Lawyer

Child custody disputes can be incredibly complex and challenging. The Denver child custody lawyers at Baker Law Group understand that these cases can be sensitive and legally complex. Your rights and your child’s best interests are our priority. We are here to lead you through the process contact our Denver child custody lawyer today. 

Child custody is legally referred to as “parental responsibilities.” In Denver, this includes physical custody and legal custody. Physical custody, also known as parenting time, refers to the percentage of time the child spends with each parent. Legal custody refers to the decision-making responsibility. This pertains to who has the authority to decide about the child, including education, healthcare, and religion. 

How to Get Child Custody in Denver

To request child custody in Denver, follow these key steps:

Step 1: File a Petition

Start by filing a petition for allocation of parental responsibilities with the appropriate Denver family court. This may be filed during a divorce or as a separate case if the parents are not married.

Step 2: Attend Mediation

In most cases, the court will require both parents to participate in mediation. A neutral third party helps the parents attempt to reach a custody agreement. If successful, the agreement is submitted to the court for approval.

Step 3: Prepare for a Court Hearing

If mediation does not result in an agreement, the case proceeds to a hearing. Both parents can present evidence and explain their proposed parenting arrangements. The judge will issue a custody order based on the child’s best interests.

Step 4: Submit a Parenting Plan

Parents are encouraged to create a detailed parenting plan. This should include the parenting time schedule, decision-making responsibilities, how disputes will be resolved, and logistics for child exchanges. A clear plan helps reduce future conflict and provides structure for co-parenting.

What are the Types of Parental Responsibilities

Colorado has two types of parental responsibilities: joint and sole. The Colorado court considers various factors to determine which custody type is best for the child.

Joint Parental Responsibilities

Joint parental responsibility means parents share decision-making responsibilities and physical custody. Assuming it aligns with the child’s best interest, the court typically prefers this arrangement as it allows the child to have a relationship with both parents. 

Sole Parental Responsibilities

When one parent is granted sole parental responsibilities, they assume primary decision-making authority and the majority of parenting time. This arrangement is less common and generally occurs when the other parent is considered unfit or when joint responsibilities are not in the child’s best interests.

Child Custody Modification

If there has been a significant change in circumstances, child custody orders can be adjusted. To initiate a modification, the parent requesting the change must prove that it aligns with the child’s best interests. Common grounds for modifying child custody orders in Colorado include:

• Significant Relocation: When one parent plans to move a considerable distance, a modification may be necessary as it would affect the current arrangement. 
• Evolving Needs of the Child: As a child grows, their needs may change, requiring an update to the custody order to better meet those needs.
• Failure to Comply: If a parent consistently disregards the terms of the existing custody order, a modification may be needed to address the situation

Appealing Child Custody Orders in Denver

If you disagree with a child custody order issued by a Denver court, you may have the option to appeal. Appealing a custody order involves asking a higher court to review the lower court’s decision for legal or procedural errors that may have impacted the outcome. At Baker Law Group, we provide experienced legal support to parents considering this option.

In Colorado, appeals must typically be filed within 49 days of the custody order being issued. The appellate court reviews the record from the trial court, focusing on whether the judge correctly applied the law and followed proper procedures. Appeals are not a chance to introduce new evidence but to argue that an error affected the decision.

Navigating the appeals process can be complex, but with skilled legal representation, you can pursue a resolution that better reflects your child’s best interests.

Enforcing Child Custody Ordersd

It is legally binding once both parties have signed a child custody agreement. Both parents are required to comply with the child custody order. If one parent does not comply with it, the other parent can seek enforcement through the court. Enforcement 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 modifying 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 often present challenges that require careful preparation. Common issues include:

• High-Conflict Situations: When parents struggle to communicate, reaching agreements can be difficult. This often requires court involvement and evaluations by professionals to determine the best custody arrangement.
• Relocation Complications: A parent planning to move must notify the court and prove the relocation serves the child’s best interests, as it can disrupt existing arrangements.
• Parental Alienation: Attempts by one parent to harm the child’s relationship with the other can negatively affect the child’s well-being and significantly influence court decisions.
• Substance Abuse: A parent’s history of substance abuse may impact custody rights. Courts assess sobriety and treatment history to prioritize the child’s safety and welfare.

Anticipating these challenges with the help of an experienced attorney can improve outcomes and protect your child’s best interests.

Frequently Asked Questions For A Denver Child Custody Lawyer

What is the Difference Between Sole and Joint Custody?
Sole custody grants one parent exclusive decision-making authority and primary residence, while joint custody involves shared responsibilities between both parents.

How is Child Support Determined in Colorado?

Child support calculations consider factors such as each parent’s income, the child’s needs, and the amount of time the child spends with each parent.

Can Grandparents Seek Custody or Visitation Rights in Colorado?

Under certain conditions, grandparents may petition for custody or visitation, particularly if it serves the child’s best interests.

Contact Our Denver Child Custody Attorney

Child custody matters can be overwhelming, but you don’t have to face it alone. At Baker Law Group, our experienced Denver Child custody lawyer is 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. Contact Baker Law Group, PLLC today for a confidential consultation.