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Colorado Child Custody Laws
- Information and Services
In an effort to de-escalate the importance parents place on the terms “custody” and “visitation,” Colorado does not legally recognize these terms. Rather, these issues are broken down into two major areas: parental decision-making responsibility, and parenting time. Parental decision-making responsibility refers to who makes the major decisions of the children, whether it be one spouse, both spouses, or a combination, depending on the type of decision. The form of decision-making responsibility that is most appropriate and in the best interests of your children will depend on your unique situation. Having experience with a great variety of cases, we can help you assess your individual situation to determine what type of decision-making responsibility to pursue that is in the best interests of your children.
Visitation
As mentioned above, visitation is known as parenting time in Colorado. When looking at parenting time issues, the court will look at your entire situation, and one parent is not presumed to be the better parent simply because they are the mother or father. Instead, the court looks at all factors in your individual situation, and makes a decision as to what’s in the best interest of the children. When working with you on developing a parenting time plan, we like to focus on a strategy that keeps your children out of the litigation process and allows the parties to focus on what’s in the children’s best interests, rather than what might be in one parent’s interests or pursuing litigation strategies which would be harmful to your children. There are also a number of helpful tips and suggestions that you can employ to minimize the effects on your kids
Support
Child support is calculated according to state law, based upon a combination of the gross incomes of both parents, the number of children each parent is legally responsible for, and the amount of time each parent spends with the children. Health insurance and daycare costs are factored into the child support calculation, and depending on your situation, you may be able to request that certain expenses be factored into the obligation – either extraordinary expenses of the children, or perhaps you have a particular financial burden which prevents you from being able to pay the amount you would otherwise be legally obligated to. Additionally, because your situation will change over time – job changes of either party, increased or decreased day care expenses, changes in the amount of parenting time – it’s a good idea to have your child support reviewed annually to determine if changes are necessary.
Unmarried Parents. If you have a child and have never been married to the other parent, you can still file an action with the court to determine issues of custody and visitation, and such an action is legally titled an Allocation of Parental Responsibilities. The issues pertaining to children are treated exactly as they would in a divorce proceeding, except that the court won’t get into issues as to who gets what items of property.
Even if you’re getting along with the other parent after your child’s birth, it’s still a good idea to get an agreement filed with the court. Inevitably you will find yourself in conflict with the other parent over an issue, and having an agreement already in place minimizes the stress and strain on everyone, rather than having to go to court in a crisis.
Modifications
It’s impossible to predict the future. A number of things can change from the time of your original case that are not covered by your final agreement. For example if you were to move to a new residence which affects the parenting time schedule, your agreement may need to be modified. While you and the other parent may agree upon the change, it’s a good idea to get the agreement in writing and file it with the court in case there is a dispute after you agreed to the change.
If the other parent doesn’t agree to your requested modification, you can file a motion with the court requesting that the original agreement be changed because of your new situation. The likelihood of your success depends on the facts in your individual situation, but having a firm specializing in family law gives you the advantage of a broader base of knowledge to plan your case and assess your chances of success.
Colorado Adoption
If stepchildren are part of your family picture, you might consider pursuing an adoption proceeding in order to legally include them as part of your family. The level of involvement of the other biological parent(s) will have a significant effect on the overall success of your case. Or, there might be different situations where you’re considering adopting a child. Either way, we can help you navigate the legal process in order to add a new member to your family.
Paternity
Whether you are married or unmarried to the mother, you have a right to request a paternity test/DNA test to determine that you are indeed the biological father. You should request this test as soon as possible after a legal proceeding has begun. Alternately, if you are seeking parental rights and parenting time with a child you believe is yours, you can file a motion with the court and similarly request a paternity test and for orders regarding decision-making responsibility and parenting time.
Grandparent Rights
As a grandparent, you have a legal right to request either custody or visitation with your grandchild, assuming that you meet certain requirements. The area of law surrounding grandparent rights is a gray area at times, and we can assist you in developing your case strategy both based on your rights under law and the current trends in judges’ rulings.
Guardianship
Generally, in Colorado children are considered emancipated either when they turn 19, or if they become emancipated sooner such as living independently on their own or getting married. After your child becomes emancipated, a situation may arise where it’s necessary for you to make decisions on behalf of your child because they are unable to do so either because of a physical disability or mental disability. Once your child has been emancipated, the orders in your divorce case cannot be modified so you can again make decisions for your children. Rather, the process is either to have a power of attorney drafted appointing you as the guardian, or if that document has not been drafted, it will be necessary to go to court to request that the Judge appoint you as a guardian. We can help you through this emotional, but necessary process.
Contact us with your Colorado child custody questions or schedule a consultation to begin the process.
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