Colorado Child Custody

CHILD CUSTODY RIGHTS DURING A DIVORCE in Colorado

Colorado child custody rights during a divorce

For most of our clients, the most difficult part of a divorce is child custody. The ability to raise your child and spend time with them is one of a parent’s most fundamental rights, and at Johnson Law Group, we appreciate how hard it is to negotiate parenting time and decision-making authority with your ex-spouse.

We work with our clients to understand their objectives and fight for their child custody rights during a divorce.

Contact us today at (720) 744-3513 to set up a consultation with one of our Colorado family lawyers.

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COLORADO ENCOURAGES EQUAL PARENTING TIME

Although you are not guaranteed equal parenting time, it is important to know that Colorado recognizes the value of a child having a relationship with both parents. The Colorado legislature has declared that it is generally preferable to encourage frequent contact between both parents and their minor children after a divorce. However, co-parenting is not always appropriate, and the courts must always consider the best interests of the children when settling a custody dispute.

Parenting time vs. decision-making

Whereas some states use the terms “physical custody” and “legal custody,” Colorado uses the terms “parenting time” and “decision-making.” Parenting time refers to the residence of the child, whereas decision-making refers to each parent’s right to make legal decisions on behalf of the minor child, such as healthcare or education decisions. When a court allocates the parental responsibilities in a child custody agreement, it must consider both parenting time and decision-making responsibilities.

How is child custody decided in colorado?

While parents are divorcing, there are sometimes two different child custody agreements. Not only are they trying to find a long-term solution after the divorce is finalized, but parents also have child custody rights during the divorce.

Child custody rights during divorce in CO

When parents cannot determine how custody will work while the case is pending, a court may need to issue a temporary custody order. To file a motion for a temporary order, you must have already filed a petition for the dissolution of the marriage or a petition for the allocation of parental responsibilities. The judge will consider the best interests of the child and create a temporary arrangement for parenting time and decision-making, in addition to other temporary arrangements related to the divorce, such as child support, maintenance (sometimes referred to as alimony), and use of marital assets, like the family house.

Child custody rights after divorce in CO

While it is usually ideal for the parents to reach an amicable co-parenting arrangement, we understand that this is not always possible, especially in particularly contentious divorces. When parties cannot reach an agreement by themselves, courts may, by request of either party or by itself, intervene and set the terms of the parenting time arrangement. The most important guiding principle that courts will consider in making parenting time provisions is the best interests of the child. Some of the factors the court may consider include:

The wishes of the parents
The wishes of the children
The relationship between the parents and the children
History of abuse or neglect
Mental and physical health
The physical proximity of the parents to each other
Whether the parents have exhibited a commitment to the child’s needs over their own
Whether the parents will be able to encourage a relationship with the other parent
How much the arrangement will disrupt the child’s routine, such as distance to school, activities, and extended family

There is a common misconception that parenting time preference is given to mothers. Colorado courts do not consider the gender of the parent when determining the custody arrangement. While the wishes of the child can impact a judge’s ultimate decision, they do not have the final say. If the judge believes that the child’s best interests will be met by living with the other parent, its custody order may be contrary to the child’s stated wishes.

When determining whether the parents can split decision-making authority, the court will consider how well the parents can co-parent. If the parents appear that they cannot make decisions jointly or cooperate, then the court may decide that the parents cannot share decision-making authority without causing harm to the child.

Mandatory classes

Because Colorado’s policy is to encourage amicable co-parenting, divorcing spouses with minor children may be required to take parenting classes to teach them not only how to fulfill their parental responsibilities, but also to manage the disruption to their children’s lives. These classes may cover:

How changes to the family impact children
How to focus on the needs and best interests of the children
Developing the parenting plan with a focus on “positive co-parenting”

It is important to remember that these classes do not presume you are a bad parent. Divorce puts a strain on everybody involved, especially children. A disruption to children’s routine can impact their social and emotional development, so the goal of these classes is to minimize the impact on the child.

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DO I HAVE A RIGHT TO CHILD CUSTODY DURING A DIVORCE?

Ultimately, your rights are determined by the parenting time arrangement. You are bound by the court order, which means that if you are denied parenting time or decision-making, then you lose your child custody rights. You cannot appeal the decision simply because you disagree with the outcome.

However, it is possible that a family law judge may make a mistake. If you believe that the judge made a mistake in determining the custody arrangement, you have the right to appeal. Depending on the court where your case was heard, the process for appealing may vary. For example, if your case was heard by the district court, you must file your appeal with the Colorado Court of Appeals within 49 days of the order. Consider visiting with an experienced family law attorney at Johnson Law Group if you want to appeal your custody case in order to ensure your legal rights remain protected.

Individualized Attention
Just as each family is unique, so is each family legal matter. We always take the time to completely understand your situation so that we can tailor our advice and strategy accordingly.
Highly Recommended
Our clients often take the time to write and thank us, not only for the results we have earned for them but also for the respect we’ve shown them.
Supportive Counsel
We never lose sight of the fact that divorce and other household conflicts can feel overwhelming. Our family lawyers will answer all of your questions to ease your burden in this difficult time.

“When you have someone in your corner that understands the importance of family it makes the situation a ton easier.”
I wasn’t familiar with the process of child custody but I must say not only did Myles and his team direct me properly but it was a process that wasn’t money motivated. Very professional group, I was constantly informed of any step or move needed to be made, and they took a very stressful situation and made it a very pleasant storm. Thank you Myles and Johnson group for everything!”

- Dwight
“They actually care about helping loving parents get to see their children.”
My Attorney and Paralegal Kara Mietlicki are such a wonderful team. I’ve seen them in action and it’s amazing.They will go to battle for someone that they believe in. They will work endlessly to make sure that their client gets their paternal rights. I am thankful that they are by my side through the toughest struggle I have ever experienced in my life. I highly recommend their representation.

- Shawndabney W.
“They made me feel like i was a friend, not just a client.”
I called Johnson Law Group extremely frustrated and stressed with the process of my custody case. From the consultation to every conversation after, Elizabeth went out of her way to make sure that i was comfortable with all the matters and decisions. My goals and the safety of my children were always the priority to the JLG team. I highly recommend Elizabeth and the whole Johnson Law Group team to anyone going through custody matters. Elizabeth, Cassidy, and Paola were amazing. I would happily use them again if needed.

- Patricia
“I’m extremely proud of the most professional and considerate Johnson Law Group.”
I appreciate all the help my attorney and paralegal has done for me in the best interest of my daughters future. They’re all most knowledgeable, caring law group! I couldn’t have done it without their genuine support on representing my case(s). I’m grateful for all they have done for my daughter and I.

- Bonnita
“I can’t say thank you enough for what y’all did for me!!!!!”
This review nor a amount a amount of characters can express how grateful I am for Johnson law. From the moment I called they gave me a peace of mind that they where going to be able to help me through my child custody situation. I worked with Yasaman and she was super professional and caring. From the moment she started working on my case and laid down the road map to our approach to my case it happened to a tee. She never misled me or over promises anything but over delivered every step of the way! The last 6 months would of been hell if it wasn’t for Johnson Law and Yasaman.

- Jaime S.
“Myles took great care in guiding a smooth process from start to finish drafting a prenuptial agreement.”
He was responsive, efficient, and coordinated well with my wife’s attorney. Very happy with the final result.

- Nick
“I highly recommend them!”
Shana Velazquez and Julie Hernandez helped me with my divorce and they were amazing. Shana was so good about explaining everything to me and calming my anxiety. Being 64 and going through a divorce was very daunting to me and I appreciate their help and kind words more than words can say. I highly recommend them!

- Lisa H.
“I contacted Johnson Law Group, the team was exceptional in applying the law, and very responsive.”
I have a high profile case involving a custody matter, that stretched across multiple States, which included Colorado. At one point I had 4 Law firms attending to the matter in 4 different States, Johnson Law Group stood out as the best Law Firm, exemplifying integrity, fairness and strategies for the case. I highly recommend Johnson Law Group.

- Jorel S.

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Talk to a Denver, CO Family Lawyer

If you are going through a divorce, trust the experienced Denver family lawyers at Johnson Law Group to represent your parental rights. We know that this is often one of the most difficult times of our clients’ lives, so we fight tirelessly for their child custody rights during and after a divorce.

Contact us at (720) 744-3513 to set up a consultation and tell us about your case.

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