DENVER CHILD Custody & Visitation ATTORNEYS

Decision-making or legal custody

Decision-making rights refer to the parental right of making major decisions regarding the child's upbringing. Those include decisions pertaining to schooling, religion, extracurricular activities, medical care, etc. When one parent has sole decision-making responsibilities, he or she can make these major decisions without the other parent’s consent.

It is not uncommon for the Colorado courts to split legal custodial rights, though. When the courts decide that both parents have the maturity and capacity to act in their children’s best interests despite their feelings toward one another, it may grant equal decision-making rights to both parties. In these situations, parents must make decisions jointly, meaning they must consult with each other and agree on major life decisions before following through with them.

Sometimes, the courts will divide the decision-making for the children. This is not the same as distributing them equally. In a case of division, one parent may be responsible for making major decisions regarding schooling and religion, while the other will make determinations regarding things such as sports and medical care.

When deciding which parent(s) will assume decision-making responsibilities, the courts will initially operate under the assumption that both parties are capable of taking them on. However, if either party presents evidence suggesting otherwise, the courts must then consider additional factors. Factors that may sway a judge’s decision include the following:

• Each parent’s level of involvement with the children
• The couple’s ability to cooperate and mutually make decisions regarding the children
• Whether one or both parents is guilty of child or spousal abuse

The court’s legal custody determination may, but does not always, influence its physical custody determination.

The best interests of the child - standard & Mediation

Colorado, like the overwhelming majority of states these days, uses the best interests of the child as the basis of any sound Colorado Parenting Plan. While several factors may affect the court’s decision, Colorado law says that it is in the best interests of the child to maintain a close relationship and continued contact with both parents. Of course, this standard may not apply in all cases, but if it does in yours, the courts will encourage you and the other party to cooperate and work together to arrive at a custody agreement with which you are both satisfied. The best way to do this, the courts agree, is through mediation.

Through the structured process of mediation, couples can often set aside hostility and agree on key decisions affecting their children. Mediation can be a highly effective tool for parents to preserve their children’s well-being and the stability of their lives during the turbulent process of divorce. Mediation takes some of the stress out of child custody conflicts and puts important child-rearing decisions in the hands of the parents rather than the court. Our Denver child custody visitation attorneys can meticulously develop mediation strategies that carefully guide the negotiating process toward a healthy resolution. The benefits of mediation are as follows:

• Parents have more control over the outcome of the case, which often leads to more satisfactory resolutions.
• When parties are willing to work together, they can reach an agreement quicker than if they had gone the litigation route, a benefit that results in huge cost savings.
• Mediators act as facilitators through otherwise contentious discussions and provide support to both parties.

The biggest benefit of mediation, however, is its ability to help separated parents preserve their relationships. When parents cooperate in devising a shared parenting plan, there is a greater likelihood that they will show that same level of cooperation and respect toward one another in the years to come, which will only benefit the child.