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In the state of Colorado, the terms "custody" and "visitation" have been replaced with the term “parental responsibility.” The definition of parental responsibility is inclusive of both decision-making and parenting time.
The allocation of decision-making responsibilities determines which parent will have the authority to make major decisions for their under age children. Every day decisions are made by the parent with whom the child is spending time, but major decisions encompass issues that include religion, education, health and medical. Major decisions comprise choices that address the health and well being of the child.
When decision-making authority is shared, the parents usually attempt to agree on major decisions, but if an agreement cannot be reached, the parties can resort to mediation, arbitration or court intervention, depending on what their specific agreement allows. The parent who has been awarded sole decision-making responsibility has the unilateral authority to make all major decisions that affect the child. Allocation of decision-making responsibilities is determined independently of parenting time and Colorado courts determine this authority based on the best interests of the minor children. The courts consider many factors prior to reaching their determination, but look closely at the parents the ability to cooperate; the capacity for each parent to prioritize child's needs, and the parenting history of both parties.
Regardless of which parent’s home the child primarily resides, it is likely that the other parent will have also have allocated parenting time. Parenting time is also determined based on best interests of the children, and the child’s age and specific needs will be considered. The goal of the parenting time schedule in Colorado is to foster a meaningful bond between the child and each of the parents.
Parenting time agreements are often highly detailed, and preparation of the document is a process that is both time-consuming and involved. Parenting issues can include the proximity of the parents to each other, work schedules, school schedules, holidays and transportation arrangements. The attorneys at The Harris Law Firm are experienced and skilled at drafting parental responsibilities agreements and are here to help you draft a plan for works for you and your children.
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