Determining custody and parenting time is often the most sensitive and important task for parents during a divorce. Understanding how Colorado courts approach these matters can help you to make informed decisions that prioritize your children’s well-being.
What You Need to Know About Custody and Parenting Time in Colorado
1. Colorado Uses “Parenting Time” and “Parental Responsibilities”
Colorado law no longer uses the term “custody.” Instead, the courts address two related areas:
- Parenting Time: The schedule outlining when the child spends time with each parent.
- Parental Responsibilities: Decisions regarding important aspects of the child’s life, such as education, healthcare, and religious upbringing.
This distinction emphasizes collaboration and shared involvement rather than sole custody.
2. Courts Prioritize the Best Interests of the Child
Every parenting plan in Colorado is evaluated based on what is in the child’s best interests. Courts consider several factors, including:
- The child’s relationship with each parent.
- The ability of each parent to meet the child’s emotional and physical needs.
- Each parent’s involvement in the child’s life before the divorce.
- The child’s wishes, depending on their age and maturity.
Your ability to show that you’re prioritizing your child’s well-being will play a significant role in the court’s decision.
3. Parental Cooperation is Encouraged
Colorado courts encourage parents to work together to create a parenting plan. If you and your co-parent can reach an agreement without court intervention, you’ll save time, reduce stress, and maintain more control over the outcome. However, if you cannot agree, the court will step in and impose a plan.
4. Parenting Time May Be Split Unevenly
While many parents aim for a 50/50 parenting time schedule, this isn’t always feasible. Courts consider practical details, like the distance between parents’ homes, school schedules, and parents’ availability, to determine what works best for the child.
5. Decision-Making Can Be Joint or Sole
Parental responsibilities (decision-making) can be allocated jointly or to a single parent, depending on circumstances:
- Joint Decision-Making is ideal when parents can communicate effectively and agree on major life decisions for their child.
- Sole Decision-Making may be granted to one parent if joint decision-making would lead to conflict or if one parent has been uninvolved in key aspects of the child’s life.
6. Modifications to Parenting Plans Are Possible
Parenting time and responsibilities are not set in stone. Life circumstances change, and Colorado courts allow modifications to existing parenting plans when necessary. Common reasons for modification include:
- Job relocations.
- Changes in the child’s needs.
- Evidence of unsafe conditions in a parent’s home.
It’s important to demonstrate that any requested modification serves the child’s best interests.
7. Colorado Uses a Parenting Time Evaluator if Needed
If parents cannot agree on a parenting plan, the court may appoint a Parenting Time Evaluator (PTE). This neutral third party conducts an in-depth investigation into both parents’ homes, relationships, and ability to meet the child’s needs. The PTE then provides a recommendation to the court.
8. Domestic Violence Impacts Custody Decisions
If domestic violence has occurred, it will significantly impact the court’s parenting time and decision-making allocations. Colorado law prioritizes protecting the child and any victims of violence. A history of domestic violence may limit or restrict visitation rights for the offending parent.
9. Parenting Plans Should Be Detailed
A well-crafted parenting plan can prevent future conflicts. It should include:
- A weekly and holiday schedule.
- Pickup and drop-off arrangements.
- Communication rules between parents and guidelines for resolving disputes.
- Procedures for handling unexpected changes, like emergencies or schedule adjustments.
The more detailed your plan, the smoother co-parenting will be.
10. Working with an Experienced Family Lawyer is Key
Navigating custody and parenting time laws requires extensive knowledge of Colorado’s legal system. An experienced family lawyer can guide you through the process, help negotiate a fair parenting plan, and advocate for your child’s best interests in court if necessary.
If you’re unsure of your next steps, consulting with a legal professional can help you approach the situation with confidence and clarity.
Putting the Pieces Together for Your Family
Navigating custody and parenting time in Colorado can feel overwhelming, but these processes are designed to support your child’s needs and foster a cooperative co-parenting relationship. By putting your child’s best interests, being open to collaboration, and seeking legal guidance when needed, you can lay the groundwork for a positive outcome.
At Boal Law Firm, we understand the emotional challenges of family law matters and offer compassionate guidance every step of the way. Our experienced attorney, Brian Boal, brings a deep understanding of Colorado’s family courts to advocate for the best possible outcome for you and your children.
Contact us today at (719) 203-6339 to schedule a consultation and take your next step with confidence.