An overview of child custody in Colorado divorces

June 05, 2013 (Press-News.org) An overview of child custody in Colorado divorces

Article provided by Patricia A. Riley, LLC
Visit us at http://www.patriciarileylaw.com

In every divorce in Colorado that involves children, a "parenting plan" addressing child custody issues will need to be created. In some cases, the divorcing couple will be able to work out a mutually acceptable parenting plan with the help of their divorce attorneys. If they cannot, the case will go to court, where a judge will work with the parents to create a parenting plan that is in the best interests of the child at issue.

If you are about to get divorced, it is important to talk about your child custody goals with your attorney early on in the process. Having a basic understanding about how Colorado child custody laws work can help you get prepared to have this discussion.

What does "child custody" mean under Colorado law?

Colorado law recognizes two parts of child custody: decision-making responsibility and physical custody. Each is decided separately, and each may be awarded solely to one parent or jointly to both parents.

Decision-making responsibility refers to the ability to make important decisions about the child's upbringing, such as where he or she will go to school, what medical care he or she will receive and what religion (if any) he or she will be raised in. Physical custody, on the other hand, refers to where the child will live.

In cases where primary physical custody is awarded to one parent, the other parent will be granted visitation (also known as "parenting time"). The noncustodial parent will likely also be required to make child support payments.

How are child custody issues decided?

There is no presumption that the mother will be granted primary physical custody. Similarly, Colorado law does not allow a child to choose which parent he or she will live with. However, if the child is mature enough to make an informed decision, his or her desires will be taken into consideration by the court.

The court's decisions in child custody cases (which include physical custody and decision-making responsibilities) are based on the unique circumstances of the family at issue. When deciding a child custody case, Colorado courts will review all relevant factors to determine what would be in the best interests of the child. Some of the common factors utilized in Colorado child custody decisions include the following:
-The wishes of each parent and of the child
-The child's individual relationship with each of the parents
-The child's ties to his or her school and community
-The mental and physical health of all of the parties involved in the case
-Each parent's desire to foster a strong relationship between the child and his or her other parent
-The distance between the two parents' homes
-Whether either parent has a history of child abuse, spousal abuse or domestic violence
-Each parent's ability to foster their child's needs over his or her own

Of course, these are just a few of the factors considered in a Colorado child custody case. Be sure to talk with your attorney about the unique factors that might affect your child custody decision.