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Colorado Child Custody Laws
- Information and Services
In an effort to de-escalate the importance parents place on the terms “custody” and “visitation,” Colorado does not legally recognize these terms. Rather, these issues are broken down into two major areas: parental decision-making responsibility, and parenting time. Parental decision-making responsibility refers to who makes the major decisions of the children, whether it be one spouse, both spouses, or a combination, depending on the type of decision. The form of decision-making responsibility that is most appropriate and in the best interests of your children will depend on your unique situation. The Harris Law Firm has vast experience with family law cases, and we can help you assess your individual situation to determine what type of decision-making responsibility to pursue that is in the best interests of your children.
Visitation
As discussed in the proceeding paragraph, the term "visitation" has been replaced with the phrase "parenting time" in Colorado. When looking at parenting time issues, the court will review your entire situation, and one parent will not be presumed the better parent simply based on gender. Instead, the court will consider all factors in your case, and make a decision based on the best interests of the children. When working with you to develop a parenting time plan, The Harris Law Firm willl focus on a strategy that avoids the litigation process. To protect your children from the pain of divorce, we offer a number of helpful tips and suggestions that you can employ to minimize the effects on your kids
Support
Child support is calculated according to state law and based on the gross incomes of both parents, the number of children each parent is legally responsible for, and the amount of time each parent spends with the children. Health insurance and daycare costs are factored into the child support calculation, and depending on your situation, you may be able to request that certain expenses be factored into the obligation – either extraordinary expenses of the children, or perhaps you have a particular financial burden which prevents you from being able to pay the amount you would otherwise be legally obligated to pay. Because your financial situation may change over time, due to changes in income for either parent, increased or decreased day care expenses, and/or changes in the amount of parenting time – it is wise to have your child support reviewed annually to determine if a modification is necessary.
Unmarried Parents. If you have a child and have never been married to the other parent, you can still file an action with the court to determine issues of parenting time and decision making responsibilities by filing an action called the Allocation of Parental Responsibilities. Issues pertaining to children of unmarried parents are treated exactly as they would if the parents had been married in a traditional fashion.
Even if you are currently getting along with the other parent after the child is born, it’s still wise to obtain an agreement filed with the Colorado court to establish a parenting plan. If you ever find yourself in conflict with the other parent over a parenting issue, having an agreement already in place will prevent many potential misunderstandings.
Modifications
Change is a part of life and modifications to your parenting plan may be necessary from time to time. For example if you move to a new residence that will necessitate changing your parenting time schedule, the agreement will need to be modified. While you and the other parent may agree upon the change, it is always wise to obtain a written agreement and file it with the court. In this manner you can avoid a dispute by having the proper paperwork already in place.
If the other parent doesn’t agree to your requested modification, you can file a motion with the court requesting that the original agreement be changed because of your new situation. The likelihood of your success depends on the facts in your individual situation, but having a firm specializing in family law gives you the advantage of a broader base of knowledge to plan your case and assess your chances of success.
Colorado Adoption
If stepchildren are part of your family unit, you might consider pursuing a step parent adoption proceeding to legally include them as part of your family. Please note that the level of involvement of the other biological parent(s) will have a significant effect on the overall success of your case. The Harris Law Firm has considerable experience in step parent and kinship adoptions and we can help you navigate the legal process in order to add a new member to your family.
Paternity
Whether you are the married or unmarried father of the child, you have the right to request a paternity test/DNA test to confirm that you are the biological father. If you are seeking parental rights and parenting time with a child you believe is yours, you can file a motion with the court and request a paternity test and for orders regarding decision-making responsibility and parenting time.
Grandparent Rights
As a grandparent, you have a legal right to request either custody or visitation with your grandchild, assuming that you meet certain requirements. The area of law surrounding grandparent rights is a gray area at times, and we can assist you in developing your case strategy both based on your rights under law and the current trends in judges’ rulings.
Guardianship
In Colorado, children are generally considered emancipated when they turn 19, live independently, or have married. After your child becomes emancipated, a situation may arise where it’s necessary for you to make decisions on behalf of your child because they are unable to do so either because of a physical disability or mental disability. Once your child has been emancipated, the orders in your divorce case cannot be modified so you can again make decisions for your children. To create a guardianship, you must have a power of attorney drafted appointing you as the guardian, or you must go to court to request that the Judge appoint you as a guardian. The attorneys at The Harris Law Firm can help you through this highly emotional, but necessary process.
Contact us with your Colorado child custody questions or schedule a consultation to begin the process.
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