Denver Child Custody Attorneys Protecting Visitation and Overall Rights

In Colorado, the courts refer to custody as "parental responsibility," which can be primary or joint. For example, if a parent has less than 90 overnight visits with the child, the other parent will have primary responsibilities as a parent. However, if both parents have an equal number of overnight stays, they will share their joint parental responsibilities.

Note that Colorado child custody laws recognize two categories of custody – parenting time (physical custody) and decision-making (legal custody), either of which can be sole or shared jointly. 

According to Colo. Rev. Stat. § 14-10-124 (b)(1), whether parents will share legal custody depends on:

• whether they can cooperate and make decisions jointly;
• whether the past pattern of the parents' involvement with the child encouraged a mutually supportive environment;
• whether the parents can work together to provide a positive and nourishing relationship with the child; and
• if any particular allocation of authority will be more likely to facilitate frequent contact between the child and both parents.

A Denver court will not typically order joint legal custody if one of the parents is abusive or neglectful.

Physical custody may similarly be joint if both parents are allowed relatively equal parenting time. (Note that the Colorado courts lean toward shared custody as a default, unless the child's best interests are not met in such an arrangement). Parents may propose a parenting plan to the court in a shared custody situation that outlines their preferred schedule for parenting time, including physical custody and visitation (below).

Older children may be allowed some input as to their preferences. If the court feels the parenting plan is in the children's best interests, it will be approved. If the court rejects the plan or the parents fail to provide one, the court will create a plan.

Navigating the Child Custody Process: What to Expect

Understanding the child custody process can be overwhelming, especially during such an emotionally charged time. At Curtis Law Firm, we believe that knowledge is power. Our dedicated team is here to guide you through every step, ensuring you feel informed and supported.

Here’s what you can expect when you work with us:

• Initial Consultation: We’ll discuss your unique situation, answer your questions, and outline a tailored strategy to achieve the best outcome for you and your child.
• Document Preparation: Our attorneys will assist you in gathering and preparing all necessary documentation, ensuring everything is in order for court proceedings.
• Negotiation and Mediation: We prioritize amicable solutions. Our skilled negotiators will work diligently to reach a fair agreement that serves your child's best interests.
• Court Representation: If negotiations fail, we’re prepared to represent you in court, advocating fiercely for your rights and your child's well-being.
• Ongoing Support: The custody process doesn’t end with a court ruling. We offer continuous support and guidance, helping you navigate any future modifications or disputes.

Our goal at Curtis Law Firm is to empower you with the information and resources you need to make informed decisions. With our experience and commitment to your family's best interests, you can trust us to be your advocates in this critical journey.

Visitation Arrangements in Denver

There may be custody cases where a custodial parent is granted significantly more parenting time than the non-custodial parent if the court deems it in the child's best interests to have one primary physical home. Such a situation is sole custody with rights of visitation. Scheduling in such a situation should address visitation (“parenting time”) for the non-custodial parent that falls during weekends and holidays, for instance. 

Such factors will be taken into consideration as the court evaluates an appropriate parenting plan, and they may include:

• the children's wishes (if old enough and mature enough);
• the parent's wishes as to parenting time;
• the child's relationship with each parent and siblings;
• the children's adjustment to home, school, and community;
• the mental and physical health of all individuals involved;
• each parent's ability to encourage the love, affection, and contact between the children and the other parent;
• whether the parent's past involvement with the child shows values, time commitment, and mutual support;
• the physical proximity of the parent's homes to each other; and
• the ability of each parent to place the child's needs ahead of their own.

Child Custody Negotiations in Colorado

In Colorado family law, child custody (parental responsibility) and visitation (parenting time) are also essential negotiation topics. Custody is split into physical and legal custody, referring to where the children will reside and who has the decision-making authority, respectively. 

Denver parents may possess either (or both) types of custody solely or share them jointly.

Remember to determine custody; the CO court will base its decision on the child’s best interests, addressed in Colo. Rev. Stat. § 14-10-124 (1.5)(a). 

Such custody factors include:

• the children's wishes (if old enough and mature enough);
• the parent's wishes as to parenting time;
• the children's relationship with each parent and siblings;
• the children's adjustment to home, school, and community;
• the mental and physical health of all individuals involved;
• each parent's ability to encourage the love, affection, and contact between the child and the other parent;
• whether the parent's past involvement with the child shows values, time commitment, and mutual support;
• the physical proximity of the parent's homes to each other; and
• the ability of each parent to place the child's needs ahead of their own.

Protect Your Child's Best Interests with Experienced Child Custody Attorneys

When it comes to child custody matters, it is crucial to have the guidance and support of experienced attorneys who will fight for your child's best interests. At Curtis Law Firm, our dedicated child custody attorneys have years of experience handling complex custody cases in Englewood, CO, and the surrounding areas.

Why choose our child custody attorneys?

• Extensive Knowledge: Our attorneys have a deep understanding of Colorado child custody laws and will ensure that your rights are protected throughout the legal process.
• Personalized Approach: We recognize that every child custody case is unique, and we will tailor our strategies to meet your specific needs and goals.
• Strong Advocacy: Our attorneys are skilled negotiators and litigators who will fight tirelessly to secure the best possible outcome for you and your child.
• Compassionate Support: We understand the emotional challenges involved in child custody disputes and will provide you with the compassionate support you need during this difficult time.
• Effective Communication: We believe in open and transparent communication with our clients, keeping you informed and involved in every step of your case.

Whether you are going through a divorce or seeking to modify an existing custody arrangement, our child custody attorneys are here to provide you with the strong legal representation you deserve. Schedule an initial consultation with us today by calling (720) 408-7726 or reaching us online. Hablamos Español.

Frequently Asked Questions

Is Colorado a 50/50 Child Custody State?

Colorado is not a 50/50 child custody state. Instead, the state of Colorado decides parental responsibility in the child's best interests, with no speculation favoring a mother, a father, or equal time. 

At What Age Can a Child Decide Custody in Colorado?

The age a child can decide custody in Colorado is determined by a judge ruling in your custody case will take your child's best wishes into record when determining custody. 

Children between the ages of 12-14 will be given the chance to declare which parent they would prefer to live with essentially.

What is the minimum child support in Colorado?

In the state of Colorado, specific laws are in place to protect low-income families with children who are divorcing. The minimum monthly support will depend on the number of children involved and the specifics of the custody arrangement. In general, the minimum monthly child support obligation is $50 if there is only one child. This will increase based on the children involved in the custody arrangement. 

Is Colorado a Mom or Dad State?

Colorado is neither a “mom state” nor a “dad state” when deciding on child custody. Colorado law does not fall on either parent’s side but enables custody and parental responsibility to be equal between both parents.