Many divorcing parents create a shared custody schedule that’s workable for their schedules and benefits the children. Sadly, not all parents can come to a fair agreement, or one parent may be adamant in their custody request because they have valid reasons to limit or restrict the other spouse’s custody. When one parent is unfit to share equally in parenting time with their children after a divorce due to their history of abuse, neglect, addiction, or criminality, the other parent has the burden of proving their co-parent unfit.
Colorado courts uphold the child’s best interest as their standard in all custody decisions. A parent seeking primary or sole custody of their children, or seeking a restriction on their spouse’s parenting time must prevent evidence to the court showing that the other parent is unfit. If you need legal advice on your child custody case, contact our Denver child custody lawyer for a free consultation.
Colorado courts begin each child custody case with the presumption that continued close contact with both parents is in a child’s best interest. A judge rarely restricts one parent’s access to their children in a custody dispute without significant evidence showing that the parent is unfit due to one of the following:
If the court finds adequate evidence of any of the above, it could award primary custody to one parent with limited or supervised visitation with the unfit parent or restrict the other parent’s access to their children completely.
A court does not restrict a parent’s access to their child without ample evidence that they are unfit for one or more of the above reasons. Evidence in these cases could include any of the following:
The accusing parent must demonstrate that the other parent’s behavior has an adverse effect on their child’s physical or emotional health, safety, or well-being. The court may seek a psychological evaluation of the parent before determining if they are unfit.
While a judge may award one parent sole physical and legal (decision-making) custody of the children if they find the other parent unfit, this isn’t the same as terminating the unfit parent’s parental rights. The parent could take steps such as attending parenting classes, joining a 12-step program or other addiction treatment, or undergoing mental health treatment. The parent has a right to seek a modification of an existing child custody order in Colorado. Our Denver family law attorneys can help assist you with modifying a custody order.
Your child’s safety and well-being are of primary importance. When your family’s future is at stake, you need an experienced Colorado child custody attorney on your side to assert your child’s best interest skillfully in court. Call Ciancio Ciancio Brown, P.C. today so we can quickly take action in your case.
