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Child Custody in Colorado: How Courts Decide Parenting Time and Decision-Making

When parents separate or divorce in Colorado, one of the most critical issues they face is child custody. In Colorado, the legal term for custody is “parental responsibilities,” which includes both parenting time (physical custody) and decision-making (legal custody). Courts make custody determinations based on the best interests of the child, ensuring that parenting arrangements promote the child’s emotional, mental, and physical well-being.

If you are navigating a child custody dispute, understanding how courts decide these matters is crucial. A Denver family lawyer can guide you through the process and advocate for a custody arrangement that serves your child’s best interests.

Legal Standards for Child Custody in Colorado

Child custody in Colorado is governed by C.R.S. 14-10-124, which establishes how courts determine parenting time and decision-making authority. Unlike some states that favor one parent over the other, Colorado courts prioritize joint parental involvement whenever possible. However, the court will carefully examine each case to determine the arrangement that best serves the child’s needs.

Best Interests of the Child Standard

Colorado courts use the best interests of the child as the guiding principle in custody cases. When deciding parental responsibilities, the court evaluates various factors, including:

  • The child’s relationship with each parent
  • Each parent’s ability to provide a stable home environment
  • The child’s adjustment to home, school, and community
  • Each parent’s willingness to encourage a relationship with the other parent
  • The physical and mental health of all parties involved
  • Any history of domestic violence or child abuse
  • The child’s preferences (if the child is mature enough to express a reasoned opinion)

Courts avoid favoring one parent over another based on gender, focusing instead on which arrangement ensures the child’s continued well-being.

Parenting Time (Physical Custody) in Colorado

Types of Parenting Time Arrangements

Parenting time refers to where the child lives and how much time they spend with each parent. Colorado courts typically order one of the following arrangements:

  1. Joint Parenting Time – The child spends substantial time with both parents, though not necessarily an equal 50/50 split.
  2. Primary Residential Parent Arrangement – One parent is designated as the primary residential parent, while the other parent has scheduled visitation.
  3. Supervised Parenting Time – In cases where a parent poses a potential risk to the child (such as in instances of abuse, neglect, or substance abuse), the court may require supervised visitation.

Colorado courts prefer joint parenting time when possible, but they will consider the child’s best interests when determining a specific schedule.

How Parenting Time is Determined

When parents cannot agree on a parenting plan, the court steps in to establish a schedule. The judge will evaluate:

  • Each parent’s involvement in daily care before separation
  • Each parent’s work schedule and availability
  • The child’s school and extracurricular activities
  • The level of conflict between parents and their ability to co-parent

A Denver family lawyer can help parents present a strong case for the parenting time arrangement that works best for them and their child.

Decision-Making Responsibility (Legal Custody)

Decision-making responsibility refers to who has the authority to make important decisions about the child’s upbringing. This includes:

  • Education (school choice, tutoring, special education needs)
  • Healthcare (medical treatment, therapy, vaccinations)
  • Religious upbringing
  • Extracurricular activities

Types of Decision-Making Authority

  1. Joint Decision-Making Authority – Both parents share responsibility for major decisions.
  2. Sole Decision-Making Authority – One parent has the exclusive right to make decisions in specific areas or all aspects of the child’s life.

Courts prefer joint decision-making unless there is a history of domestic violence, child abuse, or an inability to co-parent amicably. If one parent consistently fails to communicate or act in the child’s best interests, the court may grant sole decision-making to the other parent.

Modifying Custody Orders in Colorado

A child custody order is not necessarily permanent. If a significant change occurs in circumstances, a parent may request a modification. The court will only approve modifications if they serve the child’s best interests. Common reasons for modification include:

  • A parent relocating
  • A parent’s failure to comply with the current parenting plan
  • A change in the child’s needs (education, health, etc.)
  • Evidence of child endangerment or neglect

Parents seeking to modify a custody order should consult a Denver family lawyer to navigate the legal process effectively.

How a Denver Family Lawyer Can Help

Child custody disputes can be emotionally charged and legally complex. Whether you are seeking to establish, enforce, or modify a custody order, working with an experienced Denver family lawyer can provide several benefits:

  • Legal Guidance: A lawyer helps you understand your rights under Colorado law and prepares you for court proceedings.
  • Negotiation Assistance: Attorneys can mediate between parents to reach a fair parenting plan without unnecessary conflict.
  • Court Representation: If your case goes to trial, a lawyer will advocate for your interests before the judge.
  • Modification Requests: If circumstances change, a lawyer can help you petition for modifications to an existing custody order.

Contact a Denver Family Lawyer for Child Custody Assistance

If you are involved in a child custody dispute in Colorado, Baker Law Group is here to help. Our experienced family law attorneys are dedicated to protecting your parental rights while prioritizing your child’s best interests. We provide strategic legal guidance to help you navigate the complexities of parenting time and decision-making responsibility.Call Baker Law Group today to schedule a consultation with a Denver family lawyer who will fight for the best outcome for you and your child.

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