Custody Attorney

We represent clients facing child custody disputes in Colorado. We have extensive experience litigating child custody issues including disputes concerning parenting time, decision-making, and violations of parenting orders.

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

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 of parenting time and decision-making responsibility for their child. The 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;

  • A person other than the parent 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 if the proceeding takes place within one hundred eighty-two days after the end of the physical custody.

Parenting Plan

Any party with a right to pursue an allocation of parental responsibilities may submit a proposed parenting plan for the court’s consideration. The court may adopt all or part of the proposed parenting plan. The court may also develop its own 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 based on the best interest of the child. In determining parenting time or decision-making responsibilities, the court shall not presume that any person is better able to serve the best interests of the child because of that person’s sex.

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.

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 to ensure the child’s best interests are protected.

  • 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

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 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.

Experienced Family Law Attorney

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

Contact us to schedule a consultation.