Colorado Joint Custody

Child Custody Laws

In Colorado, joint custody is changed to parental responsibilities and parenting time. Each parent can decide certain issues under the current child custody laws. As family law attorneys, Watson & Associates child custody lawyers pride themselves in educating you in the current law. This helps you to make sound decisions and hopefully to solve child custody disputes in an amicable fashion.

Modification of custody. Previous parenting time orders can be modified, Usually, the burden is a little higher. There must be a significant change in order to convince the Colorado court to modify a previous custody order. The ever-changing social fabric of the American family frequently means that circumstances arise after the entry of the divorce decree calling for a change in custodial or visitation arrangements. Further reading, see custody law discussed at the US Department of State. Watson & Associates custody lawyers assist Denver metro clients with modifications, parenting plans and other family law issues.

Contact us for Immediate Help at (720) 941 7200

New Colorado Custody & Visitation Relocation Standard

The new Colorado child custody and visitation relocation law further requires the Court considering such a request, to determine whether relocation “is in the best interests of the child,” considering all relevant circumstances, including ordinary custody-visitation-parenting time factors, and additionally nine special concerns:

the reasons why the parent wishes to relocate with the child;
the reasons why the other parent objects to the proposed move;
the history and quality of each parent's relationship with the child since earlier court orders;
the educational opportunities for the child in the present home community and/or in the proposed new community;
whether there is extended family in the present home community and/or in the proposed new community;
the benefits of the child remaining with the parent with whom the child presently resides a majority of the time;
the anticipated impact of the move on the child;
whether meaningful parenting time-visitation can be afforded the other parent if the move or relocation is granted; and
any other factors relevant in considering the best interests of the child.

The law contemplates that moving within Colorado may also materially disrupt present parenting plans and timesharing arrangements. The new Colorado parenting law applies to any intended relocation that “substantially changes geographic ties.”

Common child custody questions

Does the child have a say in where they live for child custody purpose?
No. Colorado family law courts tend to not base child custody solely on a child’s preference. A skilled child custody lawyer should bring caution on this issue. Some parents are very eager to get his into evidence.

What is the legal standard in Colorado for child custody?
Child custody is determined in the "best interest of the child(ren).

How is "best interest" decided?
Several factors are considered under Colorado child custody law. For example: The ability a parent to the child interest ahead of his or her own; the ability of one parent to foster a meaningful relationship between the child and the other parents; the child’s surroundings. Our Child custody attorneys will go through these issues with you during your initial consultation.

Is the mother more likely to get custody?
Colorado family law makes no such distinction. However, if there is a child of tender years (newborn) then there is an inclination to lean towards the mother as the preferred custodian.

If both parents share custody, does that mean no one pays child support?
In Colorado, child custody is determined by statute. However, the amount of overnights is an important factor when calculating child support.

If one parent does not pay child support, can visitation rights be stopped?
Child custody and child support are two separate issues. If child support becomes a problem, then you must have your attorney file the appropriate court documents.

Intent of Colorado Legislature. (14-10-124)

Colorado custody laws state that it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage. In order to effectuate this goal, Colorado laws and lawmakers urge parents to share the rights and responsibilities of child rearing and to encourage the love, affection, and contact between the children and the parents.

Custody & Parenting Plans.
In cases involving Colorado child custody (whether contested or uncontested), both parties must submit a parenting plan or plans for the court's approval that shall address both physical custody and visitation, and the allocation of decision-making responsibilities. If no parenting plan is submitted or if the court does not approve a submitted parenting plan, the court, on its own motion, shall formulate a parenting plan that shall address physical custody and visitation and the allocation of decision-making responsibilities.

Best Interest of the child standard.
The court shall determine the allocation of parental responsibilities, including physical custody and visitation, and decision-making responsibilities, in accordance with the best interests of the child giving paramount consideration to the physical, mental, and emotional conditions and needs of the child. In determining the best interests of the child for purposes of custody, the court shall consider all relevant factors, including the following guidelines under Colorado child custody laws:

1. The wishes of the child's parents as to custody;

2. The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the custody and visitation schedule;

3. The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;

4. The child's adjustment to his or her home, school, and community;

5. The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;

6. The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;

7. Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;

8. The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;

9. Whether one of the parties has been a perpetrator of child abuse or neglect, which shall be supported by credible evidence;

10. Whether one of the parties has been a perpetrator of spouse abuse, which factor shall be supported by credible evidence; and

11. The ability of each party to place the needs of the child ahead of his or her own needs.

Watson & Associates, LLC

1001 South Monaco Parkway Suite 310

Denver Colorado 80224

(720) 941 7200

Denver Colorado Child Custody and family law attorneys serving arapahoe, douglas county, adams county and Denver county custody clients

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