Understanding Child Custody Rights/Parenting Time
A vast majority of marriages in the United States produce children. It is our philosophy that the well-being of your children is the most important issue in your divorce case. The legal standard applied to decisions about children is the “best interest of the child” standard. This standard is defined by statute C.R.S. 14-10-124.
The basic assumption is that absent some physical or mental problem both parents are presumed to have an equal ability to raise their children. The statute refers to this as “parenting” and the time your children spend with you “parenting time.” Every case with children is required to have a written “Parenting Plan” filed with the Court by the child custody attorney at the time of the conclusion of the case.
Actually, Colorado is one of three states to eliminate the term custody from its divorce laws, although we still use the term “child custody rights” and “child custody agreement” when talking to clients. The psychologists and social workers convinced the Colorado Legislature that the old system treated children as property and contributed to fights over custody. They convinced the legislature that adopting a system created in the State of Washington consisting of “parental responsibilities” and “parental rights” set out in a parenting plan was a better approach.
The Court will look at the “best interest of the child” standard to fashion a parenting time in collaboration with the lawyer for child custody. The statute requires the Court to look at certain “factors,” review the facts of your case in light of the standards established by these factors and make an overall conclusion on the totality of the circumstances of that evaluation. The factors are:
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The wishes of the child’s parents as to parenting time;
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The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
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The interaction and relationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;
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The child’s adjustment to his or her home, school and community;
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The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time.
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The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this factor.
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Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
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The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
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Repealed
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The ability of each party to place the needs of the child ahead of his or her own needs.
Custody Disputes
Courts strongly encourage parties to reach reasonable agreements as to parenting time. Unfortunately, despite the child custody lawyer’s best efforts, this is not always possible, and Courts are asked by the parties to make decisions based upon the above criteria. The Court will often enlist specialists to perform an independent investigation. These include Child Family Investigators (CFI)s or Parental Responsibility Evaluators (PRE)s or order full Child Custody Evaluations by a Psychiatrist/Psychologist or Social Worker. The Court requires the parties to supply funds to pay for these experts. CFI’s and PRE’s charge professional hourly rates that are equivalent to those of lawyers and accountants. Because this can be costly, the Colorado Supreme Court has imposed caps on the fees which a CFI may charge. There is no cap on PREs and other professionals. In the case of Parenting Time disputes, the Court may appoint a Parenting Time Coordinator or Parenting Time Decision Maker. This is why child custody mediation is so important.
What Do Child Custody Lawyers Do?
A family law attorney focuses on mediation and the child’s rights and best interests. There are many instances when you need an experienced child custody rights attorney – for unmarried parents, cases of potential child abduction (detailed in the Colorado Revised Statutes Title 14 Ch. 205).
The role of the lawyer is to conduct the mediation with the other parent’s attorney and create a viable parenting time plan that will be acceptable to the court. The child custody attorney may draft a letter setting out the Parenting Plan - the result of the understandings between parents and present it in court during the final hearings to set parental responsibilities.
Types of Child Custody in Colorado
As we explained above, Colorado does not focus on sole or joint custody, but on arrangements that work in the best interest of the child. The role of your child custody lawyer is to make sure that your wishes and rights are protected, and you can participate in raising your child in a meaningful way.
Of course, mediation to determine child custody rights does not always go smoothly. This is why you need representation by an experienced child custody law firm. At Carlson, Edwards, and O’Connor, we put your child’s interests first and use our best judgment and knowledge of the law to see that you get your legal parenting rights.
How to Get Full Custody in Colorado?
There are situations when limited contact with a parent may be in the child’s best interests. It is usually the case of parents who attempt to abduct children during the divorce procedure. Colorado’s legal stance on this aspect of child custody rights is clear: such action shall not be tolerated. Law enforcement authorities are mandated to arrest an abducting parent and their rights to parenting time may be forfeited (this does not exclude the obligation to pay child support).
Questions to Ask a Child Custody Lawyer
When you contact a family law attorney to discuss child custody rights, focus on the following:
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What does the law say in terms of mother’s or father’s rights to parenting time?
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What is your experience in child custody and support cases?
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What can I do to protect my right and avoid making mistakes?
An experienced child custody lawyer will give you advice and guidance to make sure that you are not breaking any laws and are not doing anything that may jeopardize your rights in terms of parental responsibilities.
Get in Touch with Our Child Custody Lawyer Today
Going through a divorce is a stressful situation from every point of view, including the financial one. However, hiring the right child custody lawyer is not something you want to leave to chance or to the lowest price. Your future child custody rights and even the amount of child support you ought to receive are being determined in this final part of your divorce procedure.
At Carlson, Edwards, and O’Connor, we are always focused on offering you the best legal advice and fair fees. We have decades of combined experience and are dedicated to fighting on your behalf. Our child custody law firm serves the following areas and beyond:
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Frisco, CO
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Eagle County, CO
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Edwards, CO
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Avon, CO
Call 970-668-1678 to schedule a consultation with an experienced child custody attorney!
