Divorces are difficult for families on every level. They are emotionally draining and stressful for not only the couple involved but also the children they may share. Children must get used to new ways of living and witness a declining relationship between their parents. To make matters worse, figuring out which parent has custody and what the custody laws mean could pose an even greater difficulty for the family.
When it comes to child custody, Colorado is a place that seeks to keep both parents in an active role with their children. However, there are instances where that is not possible. Understanding the rights of both parents can help them remain an active part of the child’s life and keep each parent accountable.
Determining Custody
Colorado courts allocate parenting time and decision-making responsibility based on the child’s best interests, with no presumption favoring an equal split. Where parents can communicate well, they can share major decisions about school, medical care, and religion. Where they cannot, the court can give those decisions to one parent or divide them between the parents.
When it comes to child custody in Colorado, the courts will consider a variety of factors in determining who is the custodial and non-custodial parent, including:
- If they can communicate a preference, the wishes of the child
- The familial relationships between the child and parents, as well as the child and any siblings, as can impact the child’s best interests
- How attached the child may be to their school, community, and home
- The overall mental and physical health of the child as well as others in the family
- If there are any instances of domestic violence that may put the child in harm’s way
- How involved parents were with each child prior to the divorce
- The geography separating the parents
- Each parent’s ability to put the needs of the child first
A parent’s sex plays no role, and a disability alone is not a basis to deny or restrict parenting time.
Once there has been an agreement on custody through parental mediation or a court order, the rights and responsibilities of each parent become clear.
Legal Responsibilities for Parents
In a parenting agreement, the responsibilities of each parent are divided between them. The parental responsibility agreement will specify things such as:
- With whom the child lives
- Who will make the educational and medical decisions on behalf of the child
- How visitation and parenting time will be split
All these factors are considered with one goal in mind: the best interests of the child.
Child support is set alongside these terms, and Colorado child support follows a statutory guideline based on both parents’ incomes.
Parenting Time
In a situation where one parent has more custodial time than the other, the non-custodial parent may be issued one of several Colorado parenting-time schedule options. However, they will ultimately be given a set amount of visitation time. Unfortunately, the schedule can be restrictive for the non-custodial parent if, for example, the custodial parent lives near the child’s school. By limiting visitation during the school year, a child can understand the importance of their education while also gaining important stability. To balance this, the parenting plan may include additional visitation during school breaks.
The schedule in the parenting plan can be impacted for a number of reasons. The non-custodial parent may have their visitation limited if they:
- Have been convicted of domestic violence
- Suffer from alcohol or drug abuse
- Commit sexual assault,
- Have a condition that endangers the child. A mental health condition or disability alone is not a basis to restrict parenting time.
- Show indications of previous or current child neglect
Relocation
Whether you need the other parent’s agreement to move with your child depends on where your case stands. Before any case is filed, no Colorado family law statute requires permission, although taking a child from the other parent’s care can still carry criminal risk.
Once a divorce or parental responsibilities case is filed, or orders are in place, you need the other parent’s consent or a court order. Moving out of state with a child in Colorado walks through each stage.
Decision Making
Even in situations where one parent has custody of the child, this does not mean there is an assumption of complete decision-making responsibility. Minor decisions can be made by whoever is with the child at the time. However, any major decisions that relate to education, health, religion, or general welfare should be made jointly and responsibly by both parents. Each parent allocated parental responsibilities has access to the child’s medical, dental, and school records unless the court orders otherwise for good cause.
FAQs About Custodial and Non-Custodial Parent Rights in Colorado
When Can You Deny Visitation to the Non-Custodial Parent in Colorado?
A custodial parent may not deny the visitation of a non-custodial parent with the child. Under the law, the visitation order issued by the court or through the agreement of the parents must be adhered to. A child cannot override a court order. The court may consider a mature child’s preferences when setting or changing the schedule, and what happens when a child refuses parenting time explains how courts respond.
At What Age Can a Child Decide Which Parent They Want to Live With in Colorado?
Unlike some states, Colorado sets no age at which a child decides where to live or how much time to spend with each parent. The court weighs the wishes of a child mature enough to express reasoned and independent preferences, as one factor among many.
How Colorado weighs a child’s preference explains how that works in practice.
What Does “Custodial Parent” Mean in Colorado?
The custodial parent is the parent who has custody of the child most of the time. Colorado orders do not use that term, and they allocate parenting time and decision-making responsibility separately. Majority parenting time does not by itself mean sole decision-making.
How Far Apart Can Parents Live and Still Have 50/50 Custody in Colorado?
Just like the age at which a child can make decisions, there is no set standard for this. Parents may live as far apart from one another as they agree to. If, however, the distance becomes an issue in determining custody, the court may intervene. While the distance is not set, there is some common sense to be used that parents should adhere to. One cannot reasonably live on the other side of the state and expect the child to continue to go back and forth every other week.
Contact Colorado Child Custody Attorney
Custody and non-custody rights can be confusing and misinterpreted easily. If you have questions, Johnson Law Group, LLC, has the answers you are looking for. Contact our offices today and let us help you with your child custody case.