How Parental Responsibilities are Decided by the Courts in Colorado
Deciding on custody terms with your spouse may be one of the toughest things to go through during your divorce. This is something you will need to consider carefully; couples have a lot to agree on when it comes to determining who can visit the child, who will live with them full-time, and how the children will be provided for.
It is usually best for the couple to come to an amicable agreement on their own, with the help of custody lawyers, without having to settle their case in family court, where a judge who may not have a full picture of all the facts will determine their case. However, if this is unavoidable, the court will take several factors into consideration.
Factors that influence the court may include the following:
- Age(s) of the child or children
- Time spent with each parent before the divorce
- Location of each parent with regards to safety and proximity to the school(s)
- Financial stability of each parent
Why Your Child's Age Might Be a Factor
Age is an important consideration. An infant is too young for an overnight stay at the secondary parent’s home, and will live with the primary parent until they mature enough to handle an overnight stay.
At What Age Can a Child Decide Which Parent to Live With in Colorado?
Colorado does not have a specific age at which children can have their voices considered in child custody cases. Judges rule on a case-by-case basis, but Colorado law says children should be "sufficiently mature to express reasoned and independent preference." Once the children reach this level of maturity at a range of ages, a court will consider that variation among individuals.
As the child grows older, the court will continue to re-evaluate the case to determine what the child can handle with regards to overnight stays. Eventually, if the conditions are right, the child may end up in a situation where he or she is splitting time with each parent on a 50/50 basis.
Is Colorado a 50/50 Custody State?
No, Colorado is not a 50/50 custody state. Instead, the state's family courts are not required to grant equal parenting time. Instead, the law prioritizes allowing children to contact both parents frequently.
There are many factors that can influence whether or not a 50/50 split is the right choice, which is why legal representation is strongly advised in child custody cases. The key element is always going to be what’s in the best interests of the child. What the parent wants is irrelevant.
Types of Custody Arrangements
- Physical custody: which parent will live full-time with the child
- Legal custody: the parent(s) rights to make legal decisions for the child concerning important matters
- Joint custody: both parents retain equal custody rights over the child
- Split custody: each parent has primary custody of one or more children
- Parenting time: visitation rights, including scheduled, reasonable, supervised, or no visitation
If you need help determining your child custody and parenting time agreement, our family law attorney in Boulder is fully equipped to guide you through this process.
With over 40 years of experience in this area of law, Attorney Barre M. Sakol has the ability to approach each case with the efficiency and resilience it requires.
Making Changes to the Parenting Schedule
Once the court determines the schedule, making changes may or may not be a complicated process, and all three legs of parenting responsibilities will be considered (decision-making, parenting time, and child support). If you’re trying to shift away from joint decision-making, there will be a pretty high burden of proof in doing so.
Essentially, in this type of case, you must be able to show that the present situation endangers the child either physically or emotionally. However, it is much easier to shift from sole decision-making to joint decision-making, especially if both parents have fulfilled their responsibilities in caring for the child up until this point.
As far as making adjustments to parenting time, the reasoning must always be that the changes are in the best interest of the child. Depending on the change requests, it may be a simple matter in the eyes of the court.
Creating a Stable and Supportive Environment for Your Child
At Barre M. Sakol, P.C., we understand that the well-being and happiness of your child is your top priority. When it comes to custody, our dedicated child custody attorney in Boulder, Colorado, is here to help you navigate the complexities of the legal system and protect the best interests of your children.
One of the key factors that courts consider when making decisions about child custody is creating a stable and supportive environment for your child. This includes factors such as:
- Providing a safe and loving home
- Ensuring access to education and healthcare
- Promoting healthy relationships with both parents
- Encouraging the child's emotional and psychological well-being
Our experienced family law attorney will work closely with you to understand your unique situation and advocate for a child custody arrangement that supports the stability and happiness of your child. We will guide you through the legal process, help you understand your rights and responsibilities, and work towards a resolution that is in the best interest of your child.
When it comes to custody matters, trust Barre M. Sakol, P.C. to provide the compassionate and knowledgeable legal representation you need.
Contact us today to schedule a consultation and find out how we can help you create a stable and supportive environment for your child.
Co-Parenting Tips for a Successful Child Custody Arrangement
When it comes to child custody, creating a stable and supportive environment for your child is crucial. Co-parenting effectively can help minimize stress and conflict, ensuring the well-being of your child. Here are some tips for a successful custody arrangement:
- Communication: Open and clear communication with your co-parent is essential. Keep each other informed about your child's activities, school events, and any important updates.
- Consistency: Establish consistent routines and rules between both households. This helps provide stability and a sense of security for your child.
- Flexibility: Be willing to be flexible and accommodate changes in the parenting schedule when necessary. Life can be unpredictable, and being adaptable can help maintain a positive co-parenting relationship.
- Respect: Treat your co-parent with respect, even if you may have differences. Avoid speaking negatively about them in front of your child, as it can create unnecessary stress for them.
- Put the Child First: Always prioritize your child's best interests. Make decisions based on what will benefit them emotionally, mentally, and physically.
- Seek Professional Help: If you and your co-parent are struggling to communicate or resolve conflicts, consider seeking the guidance of a family law attorney or a mediator who specializes in child custody matters.
Finding the Right Child Custody Arrangement
Once you and your spouse have decided to get divorced, one of the best things you can do is hire an experienced attorney. At Barre M. Sakol, P.C., our child custody lawyer has helped numerous couples find the right arrangement for their unique situation. With more than 40 years of experience, our law firm can help you every step of the way.
Don't hesitate to get the legal representation you deserve. Call us today at (720) 999-9506 or complete our online form to speak to our compassionate custody and parenting time attorney in Boulder, CO!
Commonly Asked Questions
How can I modify parenting time in Boulder?
To modify parenting time in Boulder, you must demonstrate a significant change in circumstances that affects the child's well-being. This could include changes in a parent's job, relocation, or changes in the child's needs. The process typically involves filing a motion with the court that outlines the reasons for the modification and how it serves the child's best interests. It's advisable to consult with a child custody attorney who can guide you through the legal process.
Why choose Barre M. Sakol, P.C. for my child custody case in Boulder?
By choosing Barre M. Sakol, P.C., you gain the advantage of nearly three decades of legal experience. Our firm recognizes the emotional challenges and complexities that child custody cases can bring. That’s why we are dedicated to providing compassionate and personalized legal services. We focus on listening to your unique situation, addressing your concerns, and streamlining the legal process.
Helpful Resources
