Child Custody

Colorado Custody Lawyers – Guiding Our Clients Toward Sound Custody Arrangements

Have a Colorado child custody issue? Need to review or revise your current child custody court order? Our team of Colorado child custody attorneys at KHM Attorneys at Law are here to help make sure you get what is fair and right for you and your child/children.

Custody (or Allocation of Parental Responsibilities, “APR”, as it is called in CO) can be a complicated and multifaceted legal issue, so it is important to not only take the time to understand it yourself but to also work with a law firm, like KHM Attorneys at Law, that has experience with child APR issues in Colorado. Knowing the basics of what is involved when it comes to APR will go a long way toward helping you understand your rights and those of your child.

In Colorado, the word custody has been omitted from the law governing the division of parenting time and decision-making. The legislature replaced all references to custody with the words Allocation of Parental Responsibilities. This allocation includes parenting time and decision-making.

What Is Child Custody (APR) in Colorado?

When a couple divorces (or separates if they were never married), the divorce decree (or final orders in non-married cases) states what the parenting time allocation will be between the parties. Separating couples often make these arrangements between themselves, either individually or with the assistance of an attorney or mediator. However, if the two parties are unable to reach an agreement, the court will intervene, and grant APR based on the child’s (or children’s) best interests.

Several factors are taken into consideration when determining APR, which are outlined in Colorado law. Collectively, these factors make up the “best interest” of the child factors and are enumerated in C.R.S. 14-10-124, for pre-decree cases. In many cases, who has been the primary caretaker is important. Our skilled attorneys, understand that separating parents will disagree over the level of involvement of each parent, and they understand how best to utilize the available evidence and the law to advocate for yours and child(ren)’s best interest. If the child is of sufficient maturity, the court may also take his or her preference into account, although very few judges will allow a child to speak directly to them when parenting time is at stake and a parenting professional may be needed to ensure the child(ren)’s voice is put before the court. In Colorado, there is no set age at which a child may decide for himself or herself where they would like to live.

In Colorado, the specific “best interest” factors used to analyze the APR determination include:

• The wishes of the parents.
• The wishes of the child, if of sufficient maturity to give a well-reasoned and independent opinion.
• The health of the parents, both mental and physical (including substance abuse).
• The child’s adjustment to home, school, and community.
• The existing interaction and relationship with other members of the household and each parent.
• The ability of the parties to encourage the sharing of love and affection between the child and parents.
• The past pattern of involvement of each parent in childrearing.
• The ability of the parties to mutually support one another.
• The ability of the parties to place the children’s needs above their own.
• The physical proximity of the parties.
• The presence or absence of any child abuse and neglect.
• The presence or absence of a history of domestic violence between the parties.

How Does the Court Allocate Parental Responsibilities?

In each case involving children, the court will allocate parental responsibilities (custody).

Essentially the Court is making decisions over two major topics:

• Parenting Time – In Colorado, the legislature has decreed that continuing and frequent contact between the child(ren) and both parents is in the child(ren)’s best interest. This often results in the Court starting the allocation of parenting time analysis from the point of 50/50 or equal/shared parenting time. However, as detailed by the best interest factors if it is in the child(ren)’s best interest to deviate from a 50/50 parenting time plan then one parent may be awarded more than 50% of the parenting time with the child(ren); in this situation the parent with the majority of the parenting time is referred to as the Primary Parent. This generally involves the child living primarily with one parent and having periodic (parenting time) with the other. To be clear, if a parent is not the primary parent, that does not automatically mean they are a bad parent, but instead that at the current time it is in the child’s best interest to spend more time with the other parent.
• Decision Making means having the legal right to make decisions regarding your child’s upbringing. A parent who has been granted decision-making responsibility is court-ordered to help make decisions involving the child’s schooling, religious involvement, and medical care. In Colorado, the default for decision making is joint decision making, meaning that the parents must agree prior to making any major decisions concerning the child’s upbringing. However, just like with parenting time, there can be circumstances where it is in your child’s best interest for one parent to have unilateral or tiebreaker decision making authority.
• There is a lot for the court to consider when allocating parental responsibilities, thus, it is very important to work with a highly skilled attorney who understands the law and how to apply your circumstances to the law to ensure the best interests of your child(ren) are met.

Is Colorado a “Mother State”?

There is nothing in Colorado’s “best interest of the child” statute that states that there is preference for mothers over fathers, or vice versa. So, in theory, Colorado courts are gender neutral when applying the statute to determining parenting time.

However, the “best interests of the child” statute contains several factors that may sometimes “swing” towards the parent that was the primary homemaker if the other parent primarily worked outside of the home to provide for the family.

When a separation occurs in a family like this, several “best interest” factors are implicated that may lead to the “home maker parent” having more parenting time, such as:

• Their role as primary caregiver.
• The age of the child(ren)
• The need to make day-to-day decisions about the kids without the other parent present.
• Their personal understanding of each child’s daily routine; and
• The one-on-one bonding time throughout the day.

In other cases, both parents may work outside of the home. Because of this, the “best interest of the child” statute requires an in-depth look into each family to best determine the most optimal outcome for the children. The assumption that the home maker parent necessarily has the advantage in a custody determination is not always the case in Colorado.

It is important to work with an attorney who knows how to address all of the best interest factors and can advocate for you and your child(ren)’s best interest.

What Is a Colorado Emergency APR Order?

In Colorado an emergency APR order is a court order issued to protect children from physical or emotional endangerment. That harm may be in the form of neglect, abuse, kidnapping, sudden death, or incapacitation of one or both parents. If the court issues a temporary allocation of parenting time order, then it is done to ensure someone is legally bound to care for the needs of your child.

Typically, parents are only legally allowed to file for APR in the state in which the child has resided for the previous six months. However, there are special provisions for emergency APR concerns. For example, if you and your child have been forced to flee from your home state due to a threat to your child’s welfare from the other parent, the state to which you fled may utilize its emergency jurisdictional authority to decree a temporary APR order until a more permanent solution is reached. Getting an emergency APR order can be difficult, though, so you should speak with an attorney from KHM Attorneys at Law before filing with the court.

When Should I File for Child APR?

An allocation of parental responsibilities (child custody) is typically granted in the event of a divorce or when couples, who are not married, separate. If you are no longer cohabiting with your spouse or significant other with whom you have a child, then it is in your best interest to file a petition seeking to allocate parental responsibilities; even if you and the other parent are able to agree on APR terms it is a good idea to file a petition for APR to ensure that current agreements are enforceable in the future. Putting the child in the middle and withholding a child from the other party without a court order can have a negative outcome on your entire case and on the child. Likewise, if you suspect neglect or abuse on the part of your spouse or significant other, it is important to take legal action to protect your child’s safety. The highly skilled attorneys at KHM Law can help you with any APR issues that may arise.

Do I Need a Lawyer to Help My Child Custody Case?

Allocation of parental responsibilities cases can be extremely complicated, so it is best to find an experienced lawyer, like those at KHM Attorneys at Law, to help you. Not only will a trustworthy attorney be able to explain the ins and outs of the laws to you, but he or she will also be able to serve as your advocate in your case. It is important that you work with an experienced child custody attorney who has experience with family law and APR issues.

What Factors Can Alter a Parenting Plan?

If the current parenting plan arrangement is no longer working for you, you may need to request a modification of parenting time.

There are several instances in which a change in APR may be in your child’s best interest, these include:

• If your child is in immediate danger
• If either parent is physically relocating causing the current parenting time plan to no longer be appropriate for the physical proximity of the parties
• If one of the involved parties is violating the agreed-upon arrangement
• If one of the parents dies
• If the parties agree or the child has been integrated into the home of the other
• If there have been new facts that have arisen since the last APR order which cause the current plan to no longer be in the child’s best interest

Prior to requesting a court-appointed change to parenting time (or if the other parent has already requested such a change), it is in your best interest to talk to an experienced attorney who can evaluate your facts and provide you with guidance on how best to proceed to ensure yours and your child(ren)’s best interests are being pursued. During this time, it likely will be necessary to communicate with the other parent of your child to see if a mutually acceptable modification to the current parenting plan can be reached. If communication with the other parent does not result in an agreement, then it will be necessary to look at alternative dispute resolutions (ADR), such as mediation or arbitration. In Colorado, unless excused by the Court all cases must go through ADR prior to proceeding to a contested hearing. Parenting time disputes are multifaced and require care and attention to the unique circumstances of your case. The attorneys at KHM Law have the skill, experience and expertise to assist you in all stages of the modification process.