Going through a divorce is a very trying time.
There’s simply no sugar coating it — divorce is one of the hardest challenges you will go through in life. Yet, sometimes it is simply unavoidable. As an experienced Denver child custody and divorce attorney, as well as someone who has been through a divorce, I know the emotions that you are going through right now.
When children are involved, emotions can be are exponentially higher. I understand the conflicting emotions you feel with separating from your partner or spouse while your young ones face a dissolving family unit. My job is to help you not only develop an understanding of the laws surrounding parental rights in Colorado but also to help you facilitate a smooth transition so that you can make sure your child’s interests remain above everything else throughout the divorce proceedings.
Child custody is a deeply emotional and complex area of family law. When parents separate or divorce, determining the future care and upbringing of their children becomes a central concern. The legal decisions made during this time can have long-lasting impacts on the child’s well-being, the parents’ relationship with their child, and the overall family dynamic. Understanding the nuances of child custody law is essential for anyone navigating this challenging process. As a Denver custody attorney, I will be here to help you through the process.
Child Custody Legal Options in Colorado
Although divorce proceedings can be trying for everyone involved, understanding the child custody options will better prepare both the parents and the children for what may lie ahead. Having a seasoned child custody attorney in Denver at your side will improve the chances of a peaceful resolution.
Unlike other states, Colorado does not define custody as either joint or sole custody. It instead uses the term “parental responsibility” to describe the roles of parents. This parental responsibility can be classified as either primary or joint.
If one parent has less than 92 overnight visits with the child, the court usually identifies the other parent to have primary parental responsibility. On the other hand, if both parents have an equal number of overnight visits, the court considers it a joint parental responsibility.
Types of Child Custody
Child custody can be broadly categorized into two types: legal custody and physical custody.
Legal Custody refers to the right of a parent to make important decisions about their child’s life, including education, healthcare, and religious upbringing. Parents with legal custody must make these decisions jointly, even if one parent has primary physical custody. This type of custody is critical because it influences a child’s day-to-day life and future.
Physical Custody involves the actual physical care and supervision of the child. This determines where the child lives and which parent is responsible for the child’s day-to-day activities. Physical custody can be awarded to one parent (sole physical custody) or shared between both parents (joint physical custody). In cases of joint physical custody, the child splits time between both parents’ homes, although the split may not always be equal.
Types of Custody Arrangements
There are several types of custody arrangements that a court may establish, depending on the specifics of the case:
- Sole Custody: One parent has both legal and physical custody of the child. The other parent may have visitation rights but does not have decision-making authority.
- Joint Custody: Both parents share legal and/or physical custody of the child. This arrangement requires a high level of cooperation between parents and is often seen as beneficial for the child when both parents are involved in their life.
- Split Custody: In cases involving multiple children, a split custody arrangement may be established, where each parent has custody of different children. This is less common and only used in specific situations where it is in the children’s best interests.
- Bird’s Nest Custody: An arrangement where the children remain in the family home, and the parents take turns living with them. This minimizes disruption for the children but requires significant cooperation between the parents.
The Process of Determining Custody
The process of determining custody typically begins when one or both parents file a petition with the court. This petition outlines the custody arrangement they are seeking. In many cases, parents are encouraged or required to attend mediation before a judge makes a final decision. Mediation allows parents to discuss and negotiate custody arrangements with the help of a neutral third party. If an agreement is reached, it is presented to the court for approval.
If mediation is unsuccessful, the case proceeds to trial. During the trial, both parents will present evidence and arguments supporting their custody claims. The court may also appoint a guardian ad litem, a neutral party who represents the child’s best interests and makes recommendations to the court. Additionally, psychological evaluations, home studies, and testimonies from teachers or other relevant individuals may be considered.
We will work together to decide the type of custody you are looking for. With help from a Denver custody attorney, you will have the representation you may need to ensure this process goes smoothly.
Allocation of Parental Responsibilities
In Colorado, parental responsibility is defined by the parent’s authority in making fundamental decisions about the child’s life. These choices are usually about the child’s education, health, and welfare. On the other hand, parenting time refers to the physical presence of the child with a parent.
A Colorado court may grant sole decision making to one parent, have both parents share the decision-making responsibility, or assign each parent different aspects of the child’s life.
The decision of the court regarding this matter depends on the following factors:
- Whether the parents can cooperate with each other to make joint decisions.
- Whether the parents foster a mutually supportive environment for the child based on past patterns.
- Whether the parents can work with each other to sustain a positive relationship with the child.
- Whether the allocation of authority will facilitate more contact between both parents and their child.
If a parent’s past patterns show neglect or abuse, the court will likely not order joint decision making and may award sole custody to the other parent.
What should you expect from your divorce?
Divorce is complicated. It is not uncommon, and in fact natural, for both parties to want to retain custody of the children. But when you are getting a divorce or separating from your partner, you must work out a parenting plan that designates when each parent will have parenting time with the children. Unless you and your spouse come to a mutual agreement, the court will determine a parenting plan that is in the best interests of the children. This is why getting a great family law, and child custody lawyer is critical.
Contact me, Jennifer Lewis, to learn more about Mother’s Rights during Child Custody proceedings.
What happens if you lose custody?
If your ex-partner is awarded more parenting time with the children it does not mean you have lost your parental rights, nor are you free from your parental obligations. When you get a divorce, you are divorcing your spouse, not your children. I will continue to advocate for you every step of the way.
If you are the non-custodial parent, we will work to create a favorable parenting plan. It is in the best interest of your children that they continue to see both parents on a consistent basis. Developing a successful parenting plan is one of the most important parts of a child custody case.
As the non-custodial parent, you may also be ordered to pay child support. The family court will determine your monthly obligation based on several factors, including your income and the amount of time that you have with your children.
Modifications to Custody Orders
Custody orders are not always permanent. As children grow and circumstances change, it may become necessary to modify the original custody arrangement. Modifications can be requested by either parent, but the requesting party must demonstrate that there has been a significant change in circumstances that warrants a change in the custody order. Some common reasons for modifying a custody order include:
- Relocation: If one parent needs to move to a new location, this can significantly impact the existing custody arrangement. The court will evaluate the reasons for the move and its impact on the child.
- Changes in Employment or Financial Status: Significant changes in a parent’s job or financial situation may necessitate a modification of custody or support arrangements.
- Changes in the Child’s Needs: As children grow, their needs may change, requiring adjustments to the custody arrangement to better accommodate their new circumstances.
- Behavioral Changes: If a parent exhibits behavior that endangers the child’s well-being, such as substance abuse or neglect, the court may modify the custody order to protect the child.
What if you have a non-traditional divorce?
There are some scenarios that make a child custody case a little more complicated. For example, if you helped raise a child who is not legally or biologically yours, you may want to arrange regular visits with the child. The fact that you are divorcing their parent does not eliminate the bond that you have built with their children.
Though these cases are a little trickier, I will fight for your rights with just a much passion as I would if they were your biological children. Being a parent is about the love you share with a child, not DNA. The courts have recognized this, but it is imperative that you are represented by someone who can make sure you know your rights.
If you have children, you know that it is important that you remain strong, not only for yourself but your children as well. Divorce can be emotionally draining, but as a compassionate Denver child custody lawyer, I’m here to help you get through it. I will guide you through the process and make sure that you and your children’s lives remain as normal as possible.
Factors Influencing Child Custody Decisions
When courts decide on child custody, the primary consideration is the best interests of the child. This principle guides all decisions, ensuring that the child’s needs and welfare are prioritized over the preferences of the parents. Some of the key factors that courts typically consider include:
- The Child’s Age and Health: Younger children and those with specific health needs may require more stability and continuity, which can influence the court’s decision.
- The Emotional Bond Between Child and Parent: Courts often assess the emotional ties between the child and each parent to determine which environment will provide the most nurturing and supportive setting.
- The Parent’s Ability to Provide: The court considers each parent’s ability to provide for the child’s physical, emotional, and educational needs. This includes assessing the parent’s income, living conditions, and overall stability.
- The Child’s Preference: In some cases, particularly with older children, the court may take into account the child’s own wishes regarding which parent they prefer to live with, though this is not the sole determining factor.
- Continuity and Stability: Courts prefer to minimize disruptions in a child’s life. The child’s current living situation, school, and community ties are often considered to maintain as much stability as possible.
- History of Abuse or Neglect: Any history of domestic violence, substance abuse, or neglect can significantly impact a parent’s ability to gain custody. The child’s safety is always a paramount concern.
- Co-Parenting Ability: The court looks at how well the parents can communicate and cooperate in making decisions about their child’s welfare. Parents who demonstrate a willingness to work together may be more likely to receive joint custody.
The Importance of Legal Representation
Navigating child custody disputes without legal representation can be challenging and risky. Family law is complex, and the outcomes of custody cases can have profound implications for all parties involved. A skilled Denver custody attorney can provide invaluable guidance, ensuring that your rights are protected and that the best interests of your child are presented clearly to the court.
A Denver custody attorney can help you understand the legal standards that apply to your case, gather and present evidence, and negotiate custody arrangements that serve your child’s best interests. They can also assist in modifying custody orders if your circumstances change. Given the stakes involved in child custody cases, having experienced legal representation is essential to achieving a favorable outcome.
Get in Touch With a Denver Custody Attorney Today
Child custody is a deeply personal and sensitive issue that requires careful consideration of the child’s best interests and the parents’ abilities to provide a stable and loving environment. Understanding the legal framework and the factors that influence custody decisions can help parents navigate this challenging process with greater clarity and confidence. Whether you are seeking to establish a custody arrangement or modify an existing order, the guidance of a knowledgeable attorney can be instrumental in achieving the best possible outcome for you and your child. Reach out today to get the representation you may need.
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Meet the Team
Get to know the people behind the success of Lewis & Matthews, P.C.
Jennifer Lewis – Managing partner Jennifer Lewis acquired the firm from Ken and Leslie Matthews in 2015 when the two decided to transition to an ‘of counsel’ status.
Ms. Lewis has extensive experience in the legal field. She started practicing law in 1988. Since then, she has practiced in both federal and state courts in Missouri, Kansas, and Colorado.
While Ms. Lewis focuses on family law, she has worked in different legal areas, such as criminal law, estate planning and probate proceedings, personal injury and medical malpractice claims, zoning and land use planning, and general civil litigation.
Ms. Lewis believes in a practical, patient, and compassionate approach when helping clients cope with the challenges of divorce, custody cases, and other matters involving family law.
Amanda Huber – As a legal assistant, Amanda helps with the daily tasks of sending legal correspondence and documents, preparing court filings, and scheduling, among other tasks. Amanda joined the firm in 2022 and has helped clients in all phases of their divorce.
Prior to joining Lewis & Matthews, Amanda worked at an upscale country club in San Diego, where she was born and raised.
Outside of work you can find Amanda wine tasting, gardening, and spending time with her beloved cat, Waffles.
Jackie Flanagan – After working for an educational company, office manager Jackie Flanagan shifted to the legal industry. Now, she ensures that the daily necessities of the firm are taken care of. Her unique insights as a long-term Colorado resident are also truly useful.
Counties We Serve
Whether it is family law or estate planning, if you have legal concerns in the following counties, Lewis & Matthews, P.C. will be pleased to help:
Greater Denver Metro Area
Address: 1325 S Colorado Blvd, Suite 503, Denver, CO 80222
(303) 329-3802
Summit County and Eagle County
Address: 114 Village Place, Suite 206, Dillon, CO 80435
Phone Number: (970) 468-0240
