Child Custody2021-03-16T21:43:09+00:00

Child Custody in Colorado

Child custody remains one of the most difficult aspects of a divorce to wrestle with, and Liberty Law Center has helped thousands of people navigate these issues surrounding child custody, parental rights, and child support during legal separation and divorce. With over 30 years of experience, we help personalize the legal process so that you aren’t left fending for your children all alone.

Understanding Child Custody in Colorado Springs

It’s important to know that Colorado uses specific terms when handling child custody and that Colorado has specific ideas around child custody that not every state uses. The term “parental responsibility” is technically used, not child custody. Within the issue of parental responsibility are two components called decision making responsibility (or legal custody), which is about who gets to make life decisions for the child, and residential responsibility (or physical custody), which is about the time each parent will spend raising their child.

When you are going through a divorce, it is crucial to set up clear boundaries for each parent on what his or her responsibilities will be for the child both during a divorce and post-divorce. Colorado courts are always going to put the child first, which means that no matter how contentious you may feel towards your ex-spouse, Colorado will try to ensure that both parents get to maintain a relationship with their children. According to Colorado law, it’s in the best interest of the child to make sure that both parents maintain parental responsibility.

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Make Sure You Have the Legal Knowledge for Child Custody

So what does this mean for you? You need to know how best to work within Colorado divorce and child custody laws to ensure that you, your spouse, and your children will get the best possible outcome during the ending of a marriage. While child custody battles can often be contentious, overwhelming, and difficult, it doesn’t have to be when you have legal experts who can help you understand your own rights, your children’s rights, and walk you through the Colorado court system.

Whether you are new to the child custody terrain, or whether you need to modify your current child custody plans, let us help you. Liberty Law Center knows the ends and outs of child support, child custody, and parental responsibility in Colorado. Contact us today!

Colorado Child Custody Frequently Asked Questions

Will My Child Be Required to Appear in Court?2021-03-16T21:31:04+00:00

Most often, no.  Actually, it is discouraged to involve the child in court proceedings.

Who gets custody of our child?2021-03-16T21:39:50+00:00

In Colorado, there isn’t a set of rules that determines who receives custody of the child or children.  However, the court must consider statutory factors before awarding a decision involving minors.

When will we make a decision on child custody?2021-03-16T21:36:07+00:00

The final parenting time decisions are made by the court during Permanent Orders.  At this point, you might receive Temporary Orders to determine parenting time until the parties can agree on a parenting schedule.

When can the child decide which parent to live with?2021-03-16T21:38:24+00:00

There is no age limit for when a child can decide which parent to live with in Colorado.  Here, the court will hear the child’s wishes and will consider them to the extent that the minor is mature enough to express both reasoned and independent preferences regarding the time schedule.

What’s the difference between joint custody and sole custody?2021-03-16T21:39:29+00:00

Colorado doesn’t have joint or sole custody, but instead, the term parental responsibility is used.  Parental responsibility can either be joint or primary.  Joint parental responsibility is characterized by equally sharing in overnight visitation with the minor.  If one parent maintains less than 90 overnight visitations with the minor, the other parent is maintaining primary parental responsibility.

Additionally, Colorado separates decision-making responsibilities from residential responsibilities.  Joint decision-making is when both parents are required to jointly make decisions dealing with education, religion, extracurricular activities, and medicine.  In a sole decision-making situation, one parent is able to make all these decisions without consulting the other parent.

What’s a parenting plan?2021-03-16T21:50:43+00:00

This is a plan that parents give to the court that explicitly states the allocation of parenting time, including holiday visits and other circumstances.  This document is required since it is essential that both parties are aware of the terms. Learn more about parenting time. 

What does the term “visitation” mean?2021-03-16T21:34:29+00:00

This is parenting time.  Visitation is any time when one parent gets a chance to visit with the minors.

We can’t agree on a custody agreement. What happens now?2021-03-16T21:35:22+00:00

If the parents are unable to come to an agreement on a parenting schedule, the court will determine a schedule that it feels is the best for the wellbeing of the minor child.

Is it True That the Mother is Favored Over the Father in Court?2021-03-16T21:33:00+00:00

The court is prohibited from bias due to sex.

Is it possible to increase my chances of a larger custody agreement?2021-03-16T21:35:00+00:00

There are a variety of factors used to determine a parenting visitation.  Throughout this process, it’s helpful to constantly ask, “why is this the best option for my child?” to stay child-focused.

If parents share custody, do either of the parents have to pay child support?2021-03-16T21:39:03+00:00

This is determined by gross monthly income and other expenses.  A factor of child support is who spends the majority of the time with the child, however it’s not determinative of any support obligation.

Do you charge a consultation fee?2021-03-27T16:36:17+00:00

We offer Free Consultations on DUI, Criminal, and Traffic cases. Please call for our consultation fee on Family Law, Divorce, and Child Custody cases.

Do I Need to Hire a Guardian Ad Litem/Custody Evaluator?2021-03-16T21:29:59+00:00

No, but it can be very helpful to get their services in some cases.

Do grandparents receive custody and visitation rights?2021-03-16T21:38:04+00:00

Third parties (including grandparents) do not have visitation rights to the minor, unless an independent action for gaining those rights is started.

Can I modify custody?2021-03-16T21:35:45+00:00

The parenting plan and the parenting schedule can be changed at any time if the change is in the best interest of the child.  It is important to note that any major changes to parenting time can only be requested if the child’s present environment can be shown to endanger the child’s physical health.

Can child custody and/or support be included in my divorce decree if it’s in my separation agreement?2021-03-16T21:52:02+00:00

Yes, they should always be integrated. Learn more about how child support is calculated.

Are There Different Levels of Visitation?2021-03-16T21:33:47+00:00

Yes, in addition to unsupervised visitation, there is “supervised visitation” and “no visitation.”  The court may issue either of these if it feels that one party is a danger to the child’s physical or emotional health.

Am I Able to Collect My Own Evidence if My Case Goes to Court?2021-03-16T21:32:10+00:00

Yes, you are permitted to collect your own evidence.  Keep in mind, you must adhere to the Rules of Evidence when introducing your proposed evidence.

We Are Here to Help

At Liberty Law Center, our family law attorneys have more than 40 years of experience assisting Coloradans in litigation and alternative dispute resolution methods.

We are a trusted Colorado Family Law firm providing services ranging from divorce to complex child custody matters. We are proud to offer legal guidance and assistance to families in Colorado Springs, Castle Rock, Pueblo, Teller County, and throughout Southern Colorado.

Complete a form or call today 719-578-1183 for a free consultation:

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