"Child custody" in Colorado is referred to as allocation of parental responsibility. The state of Colorado allocates parental responsibility into two types: legal and physical. Legal responsibility entitles a parent to make decisions regarding raising the child and welfare, while physical responsibility involves which parent the child will be living with. Legal and physical custody can be exclusive in one parent or it can be shared jointly. Courts award responsibility to parents based on the best interests of the child. To determine the best interests of the child, the court looks to several factors: the wishes of the parties; the parties' age, physical, mental, and emotional condition; history of domestic violence; preserving extended family relations; and who was the primary caretaker of the children. Additionally, the court may consider the wishes of the child depending on the age and maturity of the child.
Legal and physical custody can be shared jointly between two parents. Under joint custody, both parents share legal and may share physical custody of the child. When the court is determining whether to grant joint custody, the court will look at whether or not the parents have a cooperative or contentious relationship and whether the parties live close to each other.
When one parent is awarded physical custody, the non-custodial parent can obtain visitation rights. Parents are generally awarded visitation rights, unless the non-custodial parent poses a risk to the child's health or safety.
We know that nothing is more important to you as a parent than the best interests of your child. When parenting time or decision-making authority for your children are in dispute, you need a family law attorney who can provide the experience, education, guidance, and advocacy necessary to protect your rights as a parent and fight for your children's best interests. At our firm, we understand and appreciate the importance of doing what is best for a child. In most situations, a child benefits from spending time with both parents. However, when child custody or visitation is disputed, we consult with psychologists who can help determine what the best custodial option may be. When a goal is set, we will fight to reach it. |
