Filing for full custody in Colorado is a significant legal decision that involves careful preparation, a solid understanding of the law, and an unwavering focus on the child’s best interests. Understanding the legal process is essential whether you seek full custody due to safety concerns, significant changes in circumstances, or a desire to provide stability for your child. In this guide, we’ll break down the steps to file for full custody in Colorado and what to expect throughout the process.
Legal Framework for Child Custody in Colorado
Colorado family courts prioritize the child’s best interests when making custody decisions. Under Colorado law, “custody” is referred to as parental responsibilities, which are divided into two categories:
- Decision-making responsibility: This involves making important decisions regarding the child’s education, health care, religious upbringing, and extracurricular activities.
- Parenting time refers to how much time the child spends with each parent.
The courts generally prefer shared parental responsibilities unless compelling reasons exist to grant one parent full custody. If you believe full custody is in your child’s best interest, you must present a strong case backed by evidence that demonstrates why this arrangement is necessary.
Steps to File for Full Custody in Colorado
- Determine Your Legal Standing
Before filing for full custody, ensure you have the legal right to do so. In most cases, this means you are the child’s parent. However, grandparents or other individuals with a significant relationship to the child may also have the standing to seek custody under specific circumstances. - Understand the Types of Custody
Colorado courts allow for two types of custody arrangements:
- Sole Decision-Making Responsibility: One parent has the exclusive right to make major decisions for the child.
- Primary Residential Custody: The child lives primarily with one parent, while the other may have limited or no visitation rights.
When seeking full custody, you must demonstrate that shared parental responsibilities are not in the child’s best interest.
- File a Petition for Allocation of Parental Responsibilities (APR)
The first step in the legal process is filing a Petition for Allocation of Parental Responsibilities with the appropriate district court. If there is an existing custody order, you may need to file a motion to modify it instead.
In your petition, outline why granting you full custody aligns with the child’s best interests. Include specific details, such as concerns about the other parent’s behavior, evidence of neglect or abuse, or your ability to provide a stable environment.
- Serve the Other Parent
Once you file your petition, you must formally notify the other parent. This process, known as service of process, ensures the other parent is aware of the legal action and has an opportunity to respond.
Colorado law requires a third party, such as a sheriff or professional process server, to, complete service. Proof of service must then be filed with the court.
- Prepare for Mediation
Colorado courts often require parents to attend mediation before a custody case goes to trial. Mediation is a process where both parties, with the help of a neutral mediator, attempt to reach an agreement on parental responsibilities.
The case will proceed to a court hearing if mediation fails or is deemed inappropriate due to safety concerns.
- Attend the Parenting Class
Colorado law requires parents involved in custody disputes to attend a parenting education class. This course helps parents understand the impact of custody arrangements on their children and provides tools for effective co-parenting. - Gather Evidence and Build Your Case
To obtain full custody, you must provide compelling evidence that supports your case. This may include:
- Documentation of neglect, abuse, or substance abuse issues.
- Testimony from witnesses, such as teachers, doctors, or family friends.
- Records of communication between you and the other parent, demonstrating their inability to co-parent effectively.
- A record of your involvement in the child’s daily life, such as attending school events, doctor’s appointments, or extracurricular activities.
- Attend the Custody Hearing
At the hearing, both parents will have the opportunity to present their cases. The judge will evaluate the evidence and testimony to determine what arrangement serves the child’s best interests. Key factors the court will consider include:
- The child’s relationship with each parent.
- Each parent’s ability to provide a stable home.
- Evidence of abuse or neglect.
- The child’s wishes, if they are old enough to express them.
If the court grants you full custody, the final order will specify your parental responsibilities and any limitations on the other parent’s involvement.
Challenges in Seeking Full Custody
Obtaining full custody in Colorado can be challenging, as courts generally favor arrangements that allow both parents to maintain a relationship with the child. You must provide clear and convincing evidence that full custody is in the child’s best interest to succeed.
In cases involving allegations of abuse or neglect, the court may order an investigation or appoint a Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE) to provide recommendations.
Tips for Navigating the Custody Process
- Hire an Experienced Attorney: Custody disputes can be legally and emotionally complex. Working with a skilled family law attorney can help you navigate the process and build a strong case.
- Focus on the Child’s Best Interests: Courts prioritize the child’s well-being above all else. Avoid using the custody process to punish the other parent or air grievances unrelated to the child’s welfare.
- Be Organized: Keep detailed records of all interactions with the other parent and documentation supporting your claims.
Contact a Denver Child Custody Lawyer
Filing for full custody in Colorado is a complicated process that requires a thorough understanding of the law and careful preparation. If you are considering seeking full custody, the team at Baker Law Group is here to help. Our experienced attorneys will guide you through every step, from filing your petition to presenting your case in court.
Contact Baker Law Group today to schedule a consultation. This is the first step toward securing your child’s future.
