How do Colorado Judges Address Child Support and Parenting Time?
Before the Judge rules regarding the allocation of parental responsibilities (child support and/or parenting time), he or she bases the decision on Colorado's ”Best Interest of the Child Statute“.
The Colorado statute specifically states that there should be “frequent and continuing contact” between the children and both parents, unless a parent presents a danger of physical or psychological harm to the children. Evidence of such danger might be explicit, such as a conviction for domestic violence, another violent crime, or a crime that specifically involves children. Conviction of alcohol-related driving may also be relevant, particularly if a child was in the car. Evidence of other child endangering activity might be considered, even where there was no conviction, if the court determines the evidence is credible. If one of the parents is determined to be a danger to the children, the other parent will have considerable power in determining both the allocation of parental responsibility and parenting time. The court will allow for joint decision making only where it determines that “the parties are able to make shared decisions about their children without physical confrontation” with the abused parent or child.
When ruling on child custody or decision-making authority regarding the children, Colorado judges will also consider (1) how well the parents cooperate in making joint decisions about their children, (2) whether each parent’s relationship with the children is “positive and nourishing,” and (3) how the division of decision-making responsibilities will affect the promotion of frequent and continuing contact with the children.
One factor the Colorado Courts will not consider in determining decision-making responsibility is “conduct of a party that does not affect that party’s relationship to the child.” This issue often arises where a parent has a new love interest to which the other parent objects and the objecting parent does not want the children to witness the new relationship. Generally, the court will not bar the children from witnessing a new relationship unless there is evidence that the parent's new relationship endangers the children or affect a parent’s relationship with the children.
When addressing parenting time, the court will also consider (1) the wishes of each parent, (2) the children’s wishes, depending on their maturity (note: contrary to common misconception, there is no age in Colorado at which a minor child can determine the parent with whom he or she will live), (3) the children’s relationship with parents, siblings, or other relevant persons, (4) the children’s adjustment to home, school and community, (5) the mental and physical health of all relevant persons, (6) how well each parent encourages the children’s relationships with the other parent, (7) the physical distance between the parents homes, and (8) how well each parent places the children’s needs ahead of his or her own.
Additionally, the best interest of the child statute explicitly states that determinations about decision-making and parenting time for children will not be affected by the parents’ genders. Though custody how decisions can often appear to be gender related, the primary issue is consistency of parenting. Colorado law is clear that such decisions will not be made based on gender.
While the law may be explicit about the factors in determining decision-making responsibility and parenting time, collecting evidence and presenting it in court creates its own issues, especially because the court seeks to protect children from the dissolution process. To address this, the court may appoint a special advocate or legal representative for the children. This person will be an attorney or mental health professional who will interview the children, their parents, and anyone else the parents or children suggest, and make a recommendation to the court about what is in the children’s best interest. This process usually operates to keep the children out of the courtroom, thus protecting them from the trauma of testifying in front of their parents.
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