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:
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 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.
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:
Child Custody FAQs
Experienced Family Law Attorney
The attorneys at Philip Goldberg PC have extensive experience litigating disputes pertaining to the allocation of parental responsibilities.