Colorado Child Custody Law
Lorraine Stark, Esq.
As a practical matter, Colorado child custody law has replaced the term “custody” to “allocation of parental responsibilities.” This was due to the fact that parents tend to look at custody as their personal right instead of focusing on what is
in the best interest of the child. The new concept heightens the focus on the decision-making and parent obligations to the children.
What is legal custody in Colorado?
When a parent refers to legal custody in Colorado, it actually means the legal authority of the parent to make major decisions such as health, education and general welfare matters. Parents can do this solely or jointly.
What is Joint Custody is Colorado?
Joint custody means award of legal custody of the minor child to both parents. In sum, both parents get to make major decisions relating to the child. Even if visiting times are split between parents, it is the ability to make major decisions that is the foundation of joint custody.
Allocation of parental Responsibilities
Parental responsibilities under Colorado family law pertains to the parenting time and decision-making aspects that focus on the best interest of the child.
What should parents do to facilitate custody cases?
First, parents in Colorado should attempt to address decision-making at the onset of a divorce or separation. Obviously, not all issues will be agreed upon. Of importance is to consider the fathers rights as well as the mother’s. Colorado law does nto distinguish the two. Before hiring a family law attorney, you should have at least tried to address parenting time, parenting schedules, decision-making at the very least. This can help to reduce attorney fees while minimizing the disputed issues.
Second, depending on the age of the child, parents should at least try to prepare children for the upcoming separation, keep arguments to a minimum and never show hatred or talk negatively about the other parent to the child.
Parenting Plans
If you retain a Colorado child custody attorney, you should be able to give information about your efforts in formulating workable parenting plan. Colorado courts like it when parents come to court with matters already worked out. Education matters should be addressed in the parenting plan, religious matters should be covered at a minimum.
Amount of parenting time as to child support
Colorado child support is based on a statutory formula. Of importance, the formula allows for the amount of overnights each parent spends with the child.
Supervised Parenting Time
A Colorado court may order supervised parenting time when there is a concern about the relationship between the child and one of the parents. However, this type of parenting should be short-term.
Grandparent visitation
Colorado has imposed statutory grandparent visitation. In the case of Troxel v. Granville, the Colorado Supreme Court address grandparent custody is favor of the grandparents.
Modification of Parenting Time
The UDMAand C.R.S. 14-1-129 addresses modification of parenting time. Child custody can be modified when it is in the child’s best interest.
Contact us for more information
If you are going through a divorce or legal separation, you should seriously address the pending matters with an experienced Colorado child custody attorney. Contact us today or call us at 720.941.7200
Tags: allocation of parental responsibilities, best interest of the child, colorado child custody, joint custody, law, legal custody, parenting plan
