Colorado Springs Child Custody Lawyer

How Does Child Custody Work in Colorado?

In Colorado, child custody is referred to as the “allocation of parental responsibilities.”

As in other states, custody in Colorado has two separate components that concern the physical custody of a child and the rights of parents when it comes to making life decisions. These are known as:

1. Parenting time. Also called “physical custody,” parenting time refers to the amount of time a child is in the physical custody of each parent. As such, it determines where a child primarily resides and related issues such as where they will attend school. Parenting time schedules can vary depending on the circumstances and the desires of parents, but they should always be specific in how they lay out time-sharing for schedules, child hand-offs, holidays, vacations, and other special events. Parenting time is often one of the most contentious aspects of divorce and custody cases, which is why they demand the insight of attorneys who can help parents strike a compromise when creating plans or provide aggressive representation before the court.
2. Decision-making authority. Also known as “legal custody,” decision-making authority gives a parent the right to make important life choices for their child. This can include deciding matters about their schooling, medical care, time spent with extended family, religious affiliation, and more. In many Colorado custody cases, parents share decision-making responsibilities. But because shared decision-making authority requires effective co-parenting, parents who are unable to communicate and work together in the best interests of their child may seek sole decision-making authority.

What Does the Child’s “Best Interests” Mean?

Colorado custody cases are resolved in one of two ways:

1. Parents agree upon a parenting time schedule and how to share decision-making responsibility on their own (often through negotiations facilitated by attorneys), present their plans to the Court, and receive approval. Parents who are unable to agree may attend court-ordered mediation to resolve disagreements with the help of a neutral third party and, if successful, submit those plans to the court for approval.
2. When parents cannot reach an agreement about child custody, they can seek to have the Court resolve the matter for them. This involves a hearing before a Judge who weighs the evidence, testimony, and arguments of each side and renders a decision that becomes a court order.

Whether parents devise their own plans or have the Court decide for them, the Court will always consider the proposed arrangements in the context of a child’s best interests.

Generally, this is an arrangement that ensures the child will be safe and cared for and that they, when possible, can maintain relationships with both parents. More specifically, the Court will consider various factors in deciding whether a plan is in the child’s best interests. These include:

• A child’s wishes if they are old enough or mature enough to independently provide an answer.
• The wishes of each parent.
• A child’s relationships with each parent and other family members or caregivers.
• A child’s physical and emotional needs and the physical and mental health of each parent.
• The history of parenting of each parent.
• The proximity between each parent’s home.
• Each parent’s ability to encourage the other’s relationship with the child.

Our attorneys have extensive experience helping clients structure parenting plans through negotiations and communication, mediation, and hearings before the Court. We understand what the Court looks for when reviewing proposed plans or issuing decisions in hearings and provide our clients with the insight to position themselves for favorable outcomes. 

Can Child Custody Orders Be Changed?

Yes, child custody orders, whether issued as part of a divorce or its own legal case, can be modified by the court. However, parents seeking a modification will need to provide sufficient justification for doing so.

Some common reasons courts will approve custody modifications include:

• A parent’s injury or illness.
• A child’s injury or illness. This includes issues that significantly affect their needs.
• Job loss or changes. Any changes in employment status.
• Changes in living arrangements. This might cover a parent’s new relationship or marriage.
• A parent relocating. Moving to another city, state, or country.
• Criminal activity, arrests, conviction, or incarceration.
• Substance abuse or domestic violence.

FAQs About Child Custody

What Should I Consider Before Filing for Custody?

Filing for custody requires a deep understanding of your child’s needs, parenting goals, and the legal landscape. Begin by considering the stability you can provide, including schooling, housing, and emotional support. Think about what arrangement will best serve your child’s interests. Documentation that demonstrates your involvement and commitment may strengthen your position. Consulting with an attorney early on can help guide you in gathering evidence and framing your argument effectively.

How Can Mediation Help in a Custody Dispute?

Mediation is a non-adversarial approach that helps parents make mutually satisfactory arrangements without court intervention. This process is particularly beneficial as it allows both parties to voice their concerns and preferences in a controlled environment. By focusing on productive dialogue, mediation fosters a cooperative spirit that can lead to more sustainable and beneficial custody arrangements. Clients often find that agreements reached through mediation better reflect their family’s unique dynamics.

What Factors Do Judges Consider Most in Colorado?

In Colorado, judges evaluate a range of factors to determine what custody arrangement is in the child's best interest. Key considerations include the child’s relationship with each parent, the parents' geographical proximity, and each parent’s ability to support the other's relationship with the child. Judges also assess any history of domestic violence or substance abuse. Our attorneys emphasize this information in client consultations to align legal strategies with judicial priorities, ensuring a thorough presentation to the court.

Is Colorado a 50/50 Custody State?

While Colorado encourages shared parenting time, it is not automatically a 50/50 custody state. The courts aim for arrangements that genuinely reflect the best interests of the child, which might sometimes result in equal parenting time, though not necessarily. The specifics of each case are vital, as equal division might not always serve the child best. Our attorneys focus on creating suitable custody plans that honor this principle while supporting parental involvement, reflecting the importance of flexibility and personalized arrangements tailored to each family’s needs.

Contact Our Colorado Springs Custody Attorneys Today

The Harris Law Firm is a nationally recognized family law practice known for providing personalized and passionate representation – particularly in cases involving children.

Backed by over two-and-a-half centuries of collective experience, we have what it takes to handle all types of custody matters – from the negotiation of parenting time, visitation, and parenting plans to custody order modification and enforcement, and more.