Colorado Child Custody

CHILD CUSTODY RIGHTS DURING A DIVORCE in Colorado

Colorado child custody rights during a divorce

For most of our clients, the most difficult part of a divorce is child custody. The ability to raise your child and spend time with them is one of a parent’s most fundamental rights, and at Johnson Law Group, we appreciate how hard it is to negotiate parenting time and decision-making authority with your ex-spouse.

We work with our clients to understand their objectives and fight for their child custody rights during a divorce.

Contact us today at (720) 744-3513 to set up a consultation with one of our Colorado family lawyers.

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COLORADO ENCOURAGES EQUAL PARENTING TIME

Although you are not guaranteed equal parenting time, it is important to know that Colorado recognizes the value of a child having a relationship with both parents. The Colorado legislature has declared that it is generally preferable to encourage frequent contact between both parents and their minor children after a divorce. However, co-parenting is not always appropriate, and the courts must always consider the best interests of the children when settling a custody dispute.

Parenting time vs. decision-making

Whereas some states use the terms “physical custody” and “legal custody,” Colorado uses the terms “parenting time” and “decision-making.” Parenting time refers to the residence of the child, whereas decision-making refers to each parent’s right to make legal decisions on behalf of the minor child, such as healthcare or education decisions. When a court allocates the parental responsibilities in a child custody agreement, it must consider both parenting time and decision-making responsibilities.

How is child custody decided in colorado?

While parents are divorcing, there are sometimes two different child custody agreements. Not only are they trying to find a long-term solution after the divorce is finalized, but parents also have child custody rights during the divorce.

Child custody rights during divorce in CO

When parents cannot determine how custody will work while the case is pending, a court may need to issue a temporary custody order. To file a motion for a temporary order, you must have already filed a petition for the dissolution of the marriage or a petition for the allocation of parental responsibilities. The judge will consider the best interests of the child and create a temporary arrangement for parenting time and decision-making, in addition to other temporary arrangements related to the divorce, such as child support, maintenance (sometimes referred to as alimony), and use of marital assets, like the family house.

Child custody rights after divorce in CO

While it is usually ideal for the parents to reach an amicable co-parenting arrangement, we understand that this is not always possible, especially in particularly contentious divorces. When parties cannot reach an agreement by themselves, courts may, by request of either party or by itself, intervene and set the terms of the parenting time arrangement. The most important guiding principle that courts will consider in making parenting time provisions is the best interests of the child. Some of the factors the court may consider include:

The wishes of the parents
The wishes of the children
The relationship between the parents and the children
History of abuse or neglect
Mental and physical health
The physical proximity of the parents to each other
Whether the parents have exhibited a commitment to the child’s needs over their own
Whether the parents will be able to encourage a relationship with the other parent
How much the arrangement will disrupt the child’s routine, such as distance to school, activities, and extended family

There is a common misconception that parenting time preference is given to mothers. Colorado courts do not consider the gender of the parent when determining the custody arrangement. While the wishes of the child can impact a judge’s ultimate decision, they do not have the final say. If the judge believes that the child’s best interests will be met by living with the other parent, its custody order may be contrary to the child’s stated wishes.

When determining whether the parents can split decision-making authority, the court will consider how well the parents can co-parent. If the parents appear that they cannot make decisions jointly or cooperate, then the court may decide that the parents cannot share decision-making authority without causing harm to the child.

Mandatory classes

Because Colorado’s policy is to encourage amicable co-parenting, divorcing spouses with minor children may be required to take parenting classes to teach them not only how to fulfill their parental responsibilities, but also to manage the disruption to their children’s lives. These classes may cover:

How changes to the family impact children
How to focus on the needs and best interests of the children
Developing the parenting plan with a focus on “positive co-parenting”

It is important to remember that these classes do not presume you are a bad parent. Divorce puts a strain on everybody involved, especially children. A disruption to children’s routine can impact their social and emotional development, so the goal of these classes is to minimize the impact on the child.

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DO I HAVE A RIGHT TO CHILD CUSTODY DURING A DIVORCE?

Ultimately, your rights are determined by the parenting time arrangement. You are bound by the court order, which means that if you are denied parenting time or decision-making, then you lose your child custody rights. You cannot appeal the decision simply because you disagree with the outcome.

However, it is possible that a family law judge may make a mistake. If you believe that the judge made a mistake in determining the custody arrangement, you have the right to appeal. Depending on the court where your case was heard, the process for appealing may vary. For example, if your case was heard by the district court, you must file your appeal with the Colorado Court of Appeals within 49 days of the order. Consider visiting with an experienced family law attorney at Johnson Law Group if you want to appeal your custody case in order to ensure your legal rights remain protected.

Individualized Attention
Just as each family is unique, so is each family legal matter. We always take the time to completely understand your situation so that we can tailor our advice and strategy accordingly.
Highly Recommended
Our clients often take the time to write and thank us, not only for the results we have earned for them but also for the respect we’ve shown them.
Supportive Counsel
We never lose sight of the fact that divorce and other household conflicts can feel overwhelming. Our family lawyers will answer all of your questions to ease your burden in this difficult time.

“They made me feel like i was a friend, not just a client.”
I called Johnson Law Group extremely frustrated and stressed with the process of my custody case. From the consultation to every conversation after, Elizabeth went out of her way to make sure that i was comfortable with all the matters and decisions. My goals and the safety of my children were always the priority to the JLG team. I highly recommend Elizabeth and the whole Johnson Law Group team to anyone going through custody matters. Elizabeth, Cassidy, and Paola were amazing. I would happily use them again if needed.

- Patricia
“I highly recommend this firm.”
Katie and Daniel were both attentive and able to handle a case of mine in a short period of time. I highly recommend this firm.

- Morgan M.
“I highly recommend them!”
Shana Velazquez and Julie Hernandez helped me with my divorce and they were amazing. Shana was so good about explaining everything to me and calming my anxiety. Being 64 and going through a divorce was very daunting to me and I appreciate their help and kind words more than words can say. I highly recommend them!

- Lisa H.
“These ladies have done such an amazing job with my case so far! 10/10 highly recommend!”
Before working with Johnson Law. I had a previous attorney who completely screwed us over. He definitely only took us on for the money. He had no communication, mixed us up with different clients and so much more. So my husband and I were very scared working with a different attorney and getting screwed over again but we took the chance with Johnson law. We are currently working with Shana Velez, Kristina Contreras, and Julie Hernandez. After expressing my concerns because of the previous attorney they have kept amazing communication with me. They know who they are speaking to every time, they know my case, and they definitely don’t try to just take my money. They do their best to save me money as much as they can! These ladies have done such an amazing job with my case so far! 10/10 highly recommend! I will be back with another review once we are done working with them :)

- Sierra S.
“Myles helped me resolve custody quickly and in a way that all parties were happy.”
Myles is very professional and well informed in his field. Cassidy their paralegal was also extremely helpful and client driven . 5 stars!

- Stevie
“Without their assistance and guidance, I would have had a much harder time making it through my case!”
I hired Johnson law group for an adoption matter. I worked with Daniel Sol as my attorney and his assistant Katie Wilson. They were with me every step of the way. Daniel listened to all of my concerns and helped to address all issues. Without their assistance and guidance, I would have had a much harder time making it through my case! I highly recommend Daniel sol, Katie Wilson and Johnson law group

- Tangee B.
“My experience with the Johnson Law Group has been nothing more than spectacular.”
From the initial phone call I spoke to Myles Johnson, he gave great direction on how to proceed. Then acquiring the firm as my legal representation I worked with Said and he helped me step by step to get what I was looking for. I have already recommended two different individuals I know to Johnson Law Group and will be using them for all future situations. From the legal team to Cory at the front desk, everyone at the firm is top-notch.

- Brady M.
“Myles kept me level headed, focused, and listened to what I wanted and really fought to get it for me.”
Myles is the best representation for anyone who has to go through an APR case. From day 1 he was very welcoming and attentive to me and what I was going through. I always felt very respected by him and the other members of his firm. Myles always took the time to really investigate any information or things involved with my case. I knew he was truly invested in my best wishes. When there were deadlines that needed to be met, they always were. If I was ever confused about a process, paperwork or court proceedings Myles took the time to explain and make sure I was comfortable and understood what was going on. All the way through Mediation. He was an absolute success and I could not have asked for better representation. I will always recommend Myles to anyone in need an attorney.

- Aaron

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Talk to a Denver, CO Family Lawyer

If you are going through a divorce, trust the experienced Denver family lawyers at Johnson Law Group to represent your parental rights. We know that this is often one of the most difficult times of our clients’ lives, so we fight tirelessly for their child custody rights during and after a divorce.

Contact us at (720) 744-3513 to set up a consultation and tell us about your case.

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