Few court cases are as emotionally charged as a child custody case. In the best-case scenario of Colorado divorces or custody cases for unmarried parents, the parents can communicate and compromise effectively and craft a workable schedule for child custody between themselves and their attorneys for a judge to sign into orders.
In other cases, disputes arise on custody schedules, or one parent alleges that the children aren’t safe with the other parent due to abuse, neglect, or addiction. In these cases, a parent must provide evidence to the court that it’s not in the child’s best interest to share custody.
Whether your child custody case is uncontested or requires a judge’s decision, it’s important to understand Colorado’s child custody laws. Call our child custody attorneys in Denver for a free case review.
Colorado family courts consider the child’s best interest as their top priority in all decision-making. This standard does not consider gender. In other words, it doesn’t show bias toward a mother over a father in making custody decisions. Instead, the court carefully considers only what is in the best interest of the child before making a decision.
Under this standard, judges begin each case with the presumption that “continued close contact” with both parents is what’s typically in a child’s best interest. If one parent disagrees with this presumption, they must present compelling evidence in court to support their case.
There are two types of custody in Colorado that the court decides in every custody case. Physical custody describes where and with whom a child lives. Legal custody refers to a parent’s authority to make important decisions for the child regarding medical care, education, religious practices, and extra-curricular activities.
Shared custody in a mutually agreeable parenting time schedule is the goal for most child custody cases in Colorado; however, this doesn’t work for all family situations. Divorced or non-married parents may seek any of the following living situations for their child:
The court rarely restricts a parent’s custody or visitation completely except in cases of serious neglect, abuse, dangerous addiction, or criminality. Speak to our Denver divorce lawyers for legal advice today.
Colorado courts carefully consider many aspects of child custody before reaching a decision and issuing binding orders. The court hears and considers evidence of the following:
The court may also consider one parent’s work schedule or extensive work-related travel when reaching a final decision.
The court’s decision for child custody has long-term impacts on the daily life of the family as they move forward. It’s essential to have experienced representation throughout the process. Call Ciancio Ciancio Brown, P.C. today so we can ensure your child’s best interests are supported throughout your Colorado custody case.
