Custody
In Colorado, courts refer to custody as the allocation of parental responsibilities. An allocation of parental responsibilities may be sought by parents who were never married, a qualified third-party who has been caring for the child, or will be addressed in divorce and legal separation cases where the parties have at least one child. If the paternity of a child is in question, the court will likely require a paternity test before allocating parental responsibilities.
An allocation of parental responsibilities includes two parts: parenting time and decision-making authority. Parenting time is the parenting schedule that specifies when each parent will spend time with the child.
Generally, with two competent parents, courts believe it to be in a child’s best interest to have frequent contact with both parents, so courts often equally divide parenting time between two involved parents. However, that may not always be an option or in a child’s best interest for various reasons including, but not limited to, a child’s age, special needs of the child or parent, substance abuse by a parent, neglect or abuse by a parent, or distance between the parties. The court cannot order a party to live/stay in a specific location. Instead, the court must accept where each party intends to live and allocate parenting time accordingly. Whatever your circumstances, we have the experience to help you create a parenting schedule that fits your family’s needs.
Decision-making authority concerns a parent’s right to make decisions for his or her child. While courts generally permit each parent to make routine decisions regarding their child during their respective parenting time, specific orders will be issued regarding which parent will make major decisions for the child regarding the following: education, medical, religion, and extracurricular activities. Courts generally favor awarding parents joint decision-making authority which requires parents to agree on major decisions regarding their children; however, in certain circumstances, like cases involving domestic violence or child abuse, one parent may be allocated sole decision-making authority regarding major decisions. If the court does not believe it is in a child’s best interest to award joint decision-making authority, one parent may have sole decision-making over all issues or the court may divide decision-making responsibilities between the parties with each parent having decision-making authority over certain issues. We will advocate for your right to make or be involved in the decision-making process regarding major decisions for your child.
At Frigo Joe Law, we have extensive experience handling all child related cases including establishing initial parenting orders and/or paternity, modifying prior parenting orders, and filing emergency cases when a child’s physical or emotional wellbeing is endangered requiring an immediate restriction of parenting time. All family dynamics are different, so it imperative to the success of your case to determine the best strategy for you.
We have years of experience both litigating and settling custody cases. We can help you build the strongest case based on your unique circumstances and educate you on behaviors that courts frown upon so that you can avoid making mistakes that could jeopardize your case.
Your time and relationship with your child is precious. Let us protect your rights. Here’s what you can expect from the court process:
