In Colorado, the legal term used for child custody is โparental responsibilityโ rather than โcustodyโ or โjoint custody.โ However, many people still use these terms interchangeably in everyday conversation. Parental responsibility refers to two key aspects: decision-making responsibility (legal custody) and parenting time (physical custody). When people talk about filing for joint custody, they are typically referring to a parenting arrangement where both parents share significant parenting time, with at least 90 overnights per year spent with each parent.
It is important to note that joint custody does not necessarily mean equal time between parents. However, both parents are involved in the child's upbringing and share key responsibilities. The goal is to design a balanced schedule that serves the child's best interests while giving both parents meaningful involvement.
When discussing child custody, people often hear the terms custodial parent and non-custodial parent. These terms refer to how much time the child spends with each parent.
In practice, many people use the term primary residential parent to describe the custodial parent. However, when parents have a joint custody arrangement, neither parent is fully custodial or non-custodial because both share significant time with the child.
You must complete and submit specific documents to the court to file for joint custody. The process may seem complicated, but Johnson Law Group, your trusted Colorado family law attorneys, can help you navigate the process smoothly.
The first step in filing for joint custody is to submit a petition. This legal document formally requests the court to establish custody and other parenting arrangements. In the petition, it's important to clearly state that you are seeking joint physical custody.
If you and the other parent agree on joint custody, you can file a joint petition, which may speed up the court's approval process. However, if there is disagreement, each parent may need to submit their own proposal, and the court will determine the best arrangement based on the child's best interests.
Along with the petition, you will need to prepare a parenting plan. This document outlines the proposed schedule for parenting time, holidays, and special events. A well-drafted parenting plan demonstrates to the court how both parents will share responsibilities and ensures the child has stability and consistency.
When creating your plan for joint custody, include the following:
The more specific, realistic, and thoughtful your plan, the better your chances of gaining approval from the court. It's also helpful to address communication methods between parents and how decisions will be made about the child's education or healthcare.
When crafting a parenting plan, it's essential to build in flexibility to accommodate the inevitable changes that life brings. Key considerations include:
To promote such flexibility and help to prevent conflicts down the road, you'll likely want to include provisions that allow the parents to modify arrangements by mutual written agreement.
Many parents also choose to include a review clause, allowing them to revisit the plan periodically and adjust it as the child grows and their needs change. A flexible plan ensures both parents remain adaptable while still prioritizing the child's time with each parent, fostering a smoother co-parenting relationship in the long term.
The court will review your documents once the petition and parenting plan are submitted. The judge will typically approve the joint custody arrangement if both parents agree. However, if there are disputes, the judge will consider several factors at a hearing, including:
The court may also require mediation to help parents resolve disagreements and create a mutually workable parenting plan.
There are many benefits to filing for joint custody in Colorado. These include:
It's important to note that joint custody requires good parental communication and cooperation. If both parties are willing to work together, joint custody can create a positive environment for children, even after a separation or divorce.
At Johnson Law Group, our experienced family law attorneys can guide you through filing for joint custody and help you create a parenting plan that reflects your child's best interests.
We offer a FREE consultationย to discuss your case and how our family law attorneys can get you the best results for your family. Whether you need assistance with mediation, document preparation, or court representation, we will help you explore your options and develop a strategy tailored to your needs. Call us today at 720-445-4444.
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