Custody Attorney Denver

Custody Lawyers Who Will Put Your Child’s Best Interests First

Child custody disputes are some of the most difficult challenges a family can face. At Philip Goldberg PC, we understand how deeply these cases affect both parents and children, and we are here to help you navigate the process with care, clarity, and confidence. As experienced custody attorneys serving Denver, we represent clients in cases involving parenting time, decision-making authority, and enforcement of parenting orders.

Whether your custody matter is part of a divorce, a legal separation, or arises outside of marriage, our team provides the knowledge and support you need to protect your rights and focus on what matters most: your child’s well-being. With years of experience in Colorado family law and a proven record of success in Denver custody cases, we are ready to guide you every step of the way.

If you are facing a child custody dispute, contact our office to schedule a consultation.

Denver Parental Responsibilities Proceedings

In Colorado, the term “child custody” has been replaced with “parental responsibilities,” which includes two key areas: parenting time and decision-making authority. This shift was made to emphasize the responsibility parents have toward their children, rather than creating a sense of “ownership” implied by the older term custody.

Parental responsibility cases most often arise during divorce or legal separation, but they can also be brought in other situations, such as when parents were never married, when one parent is absent, or when a non-parent has cared for the child.

Colorado family law generally considers fit parents of a child as entitled to some amount of parenting time and decision-making responsibility for their child. The family law court decides parental responsibilities based on the best interests of the child. The following parties may have the right to pursue an allocation of parental responsibilities:

  • A parent filing for divorce or legal separation;
  • A parent filing for the allocation of parenting time and decision-making outside of divorce
  • A person other than the parent if the child is not in the physical care of either parent
  • A person other than a parent who has had physical custody of a child for one hundred eighty-two days or more, if the proceeding takes place within one hundred eighty-two days after the end of the physical custody.

At Philip Goldberg PC, our family law attorneys help parents and caregivers understand their rights and guide them through the process of establishing or defending parental responsibilities. As experienced custody lawyers, we advocate for solutions that protect children’s well-being and preserve your role in their lives.

Custody Law & The Parenting Plan

A parenting plan is one of the most important parts of any parental responsibility case. It is a written agreement, or court-ordered arrangement, that outlines how parents will share time with their child and how major decisions will be made.

Any party with a right to pursue an allocation of parental responsibilities may submit a proposed parenting plan for the court’s consideration. The family law court may adopt all or part of the proposed parenting plan. The court may also develop its own parenting plan.

Your plan can include details about the care of the child, such as:

  • The regular parenting time schedule (weekdays, weekends, holidays)
  • How major decisions will be made regarding education, healthcare, religion, and extracurricular activities
  • How exchanges and transportation will work
  • Communication between parents and each parent and the child

Our team of custody attorneys helps clients develop detailed, thoughtful parenting plans that reflect their child’s needs and protect their parental rights. If an agreement cannot be reached, we advocate for a plan in court that promotes your child’s stability and preserves your role in their life.

Parenting Time Rights With The Child

When deciding parenting time, Colorado courts always focus on the best interests of the child. The child truly is the main concern for Denver child custody cases. This means the family law court’s primary concern for these parameters of legal custody is the child’s safety, stability, and overall well-being when allocating parenting time, not simply what each parent wants.

The factors for consideration include:

  • The wishes of the parents
  • The wishes of the child, if they are sufficiently mature
  • The relationship of the child to the parents and other persons who may affect the child’s best interests, such as siblings
  • The mental and physical health of all involved
  • Whether one of the parties has been a perpetrator of child abuse, neglect, domestic violence, or other factors.

At the same time, the family law court must ignore certain issues that do not impact the parent-child relationship. For example, the court may not consider a party’s gender, reasons for divorce, or that a party left home due to domestic violence committed by the other party. Child custody and visitation rights are intended to further the best interests of the child.

For many families, parenting time disputes can feel overwhelming and emotional. Having an attorney well-versed in family law on your side helps give your perspective the attention it deserves, making sure that your wishes are clearly presented to the court, supported by evidence, and focused on your child’s needs. At Philip Goldberg PC, we work with parents to protect their rights while keeping the well-being of their children front and center.

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Decision-Making Rights For The Child

In Denver and throughout Colorado, parental responsibilities also include the authority to make important decisions for a child. The court allocates this decision-making power based on what serves the child best. Unlike in years past, there is no presumption that one parent is better suited for decision-making because of their gender; both parents are considered equally under the law.

The court typically allocates decision-making responsibility for major issues such as healthcare and education. Regardless of the allocation of decision-making, typically, either party may provide the child with emergency medical treatment when required.

In allocating decision-making responsibilities, the court assesses various factors, including:

  • Credible evidence of the ability of the parties to cooperate and to make decisions jointly.
  • Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision-makers to provide a positive and nourishing relationship with the child.
  • Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties.
  • If the court finds that one of the parties has committed child abuse or neglect, then it shall not be in the best interests of the child to allocate mutual decision-making with respect to any issue over the objection of the other party or the legal representative of the child.
  • If the court finds that one of the parents has committed an act of domestic violence, has engaged in a pattern of domestic violence, or has a history of domestic violence, it shall not be in the best interests of the child to allocate mutual decision-making responsibility over the objection of the other party or the legal representative of the child, unless the court finds that there is credible evidence of the ability of the parties to make decisions cooperatively in the best interest of the child in a manner that is safe for the abused party and the child.

Denver Child Custody FAQs

If the court finds that there has been or may be substantial or continuing non-compliance, the court may issue additional orders in line with Colorado law to ensure the child’s best interests are protected.

  • Modifying the previous order to better protect the child
  • Requiring the violator to post a bond to ensure future compliance
  • Requiring the make-up of parenting time for the other parent
  • Hold the violating parent in contempt of court, which can result in fines or even jail time.

If you are dealing with repeated violations, your custody attorney can help you present your case to the court, request enforcement, and protect both your rights and your child’s well-being.

A Child and Family Investigator, or CFI, is a neutral professional appointed by the court to help evaluate parenting disputes. The court may appoint a CFI during the initial divorce or custody proceeding or a modification proceeding. The CFI investigates, reports, and makes recommendations to the court regarding the child’s best interest in child custody matters. The CFI must be a neutral third person, including mental health professionals, attorneys, or individuals with appropriate training and qualifications. Working with an experienced Denver custody attorney allows your perspective and evidence to be clearly communicated during this process.

A Parental Responsibilities Evaluation (PRE) is more detailed than a CFI investigation. The purpose of a PRE is to perform a comprehensive evaluation and file a written report concerning the disputed issues relating to the allocation of parental responsibilities for the child. The purpose of the evaluation and report is to assist the court in determining the best interests of the child, with the child’s safety always paramount.

The PRE must be a licensed mental health professional or county or district social services department, although the person signing a report or evaluation and supervising its preparation must be a licensed mental health professional.

The court may appoint a PRE upon a request by one of the parties unless the court determines the request was made to delay the proceedings. Because a PRE can heavily influence the outcome of a case, having skilled legal guidance is essential. A Denver custody lawyer can help prepare you for the process, organize evidence, and make sure your side is presented accurately.

Experienced Family Law & Child Custody Attorneys

The custody attorneys at Philip Goldberg PC have extensive experience litigating disputes pertaining to the allocation of parental responsibilities.

Contact us to schedule a consultation.