Custody Attorney

At Philip Goldberg PC, we represent clients facing child custody issues in Colorado. When it comes to a child’s wellbeing, you need an experienced and compassionate Denver child custody lawyer on your side. We offer high-quality and personalized service.

Contact our office to request an appointment for a family law consultation.

Child Custody in Colorado

Colorado has eliminated the concept of “child custody” and in its place substituted the concepts of “parenting time” and “decision making” for a child. It was thought that the term “custody” connoted a sense of ownership over the child and distracted from the proper focus which was the parents’ responsibilities to their children. Often, these issues arise when parents get divorced, but other circumstances may necessitate the allocation of parental responsibilities.

Colorado law generally considers fit parents of a child as entitled to some amount parenting time and decision-making responsibility for their child. The court decides parental responsibilities based on the best interests of the child.

Parental Responsibilities Proceedings

Colorado has eliminated the concept of “child custody” and in its place substituted the concepts of “parenting time” and “decision making” for a child. It was thought that the term “custody” connoted a sense of ownership over the child and distracted from the proper focus which was the parents’ responsibilities to their children. Often, these issues arise when parents get divorced, but other circumstances may necessitate the allocation of parental responsibilities.

Colorado law generally considers fit parents of a child as entitled to some amount parenting time and decision-making responsibility for their child. The court decides parental responsibilities based on the best interests of the child.

  • A parent filing for divorce or legal separation;

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

Parenting Plan

Either party with a right to pursue custody may submit a proposed parenting plan or child custody agreement for the court’s consideration. The court may adopt all or part of either party’s proposed parenting plan. The court may also develop a parenting plan.

Parenting Time Rights

The court must consider various factors to determine the child’s best interest when allocating parenting time.

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.

The court may not consider a party’s conduct or characteristics that do not affect that party’s relationship to the child. 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 interest of the child.

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Decision Making Rights

The court allocates the decision-making responsibility to further the child’s best interest. The court typically assigns decision-making responsibility for significant issues, like healthcare and education. Regardless of decision-making responsibilities, either party may provide the child with emergency medical treatment when required.

The factors for consideration include:

  • The ability of the parties to cooperate and make decisions jointly;

  • The parties’ ability as mutual decision-makers to provide a positive relationship with the child;

  • Whether one of the parties has been a perpetrator of child abuse or neglect, in which case it shall not be in the child’s best interest to allocate mutual decision-making regarding any issue over the other party’s objection;
  • Whether one of the parties was a perpetrator of spousal abuse, in which case it shall not be in the child’s best interest to allocate mutual decision-making regarding any issue over the other party’s objection unless the court determines that the parties are able to make shared decisions about the child without physical confrontation and in a place and manner that is not a danger to the abused party or child.

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 for the child’s best interest.

  • Modifying the previous order
  • Requiring the violator to post bond to ensure future compliance
  • Requiring make-up parenting time
  • Holding the violator in contempt of court
  • Fining the violator up to one hundred dollars per violation

The court takes violations of parental rights seriously.

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.

The purpose of a PRE is to perform an evaluation and file a written report concerning the disputed issues relating to the allocation of parental responsibilities for the child. 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 process serves to assist the court in determining the child’s best interests. The court may appoint a PRE if the court or CFI deems the need for a more comprehensive assessment. The court must appoint a parental responsibilities evaluator upon a request by one of the parties unless the court determines the request was made to delay the proceedings.

Experienced Family Law Attorney

Philip Goldberg PC specializes in family law, including issues with parental responsibilities. With a vast knowledge of the law and a compassionate approach, we protect our client’s rights and achieve positive outcomes in the child’s best interests.

Contact us today to discuss your parental rights.