Common Questions about Child Custody in Colorado

Child custody battles can be some of the most challenging times in a parent’s life. Whether you’re negotiating terms, enforcing an existing custody order, or seeking modifications, the process can be emotionally exhausting and legally complex. On top of that, you may be facing tough questions about how custody decisions are made or what your rights are as a parent.

From answering your questions to standing up for your parental rights, our Colorado Springs, CO Child Custody Attorneys can help you through every step. Your family deserves a stable future—contact us today to learn how we can help.

What Are the Different Types of Child Custody?

●      Physical Custody: This refers to where the child lives. A parent with physical custody has the right to have the child live with them. Physical custody can be sole (where the child lives with one parent) or joint (where the child splits time between both parents).

●      Legal Custody: This involves decision-making authority for the child. It includes choices about education, healthcare, religion, and other major aspects of their upbringing. Legal custody can also be sole or shared between both parents.

Courts often favor joint arrangements when it serves the best interests of the child, but every case is unique.

How Do Courts Determine Custody Arrangements?

Custody decisions are always based on what is in the best interest of the child. Courts assess various factors to make this determination, including:

  • The child’s age, needs, and preferences (if they are old enough to express an opinion).
  • Each parent’s ability to provide a stable and loving environment.
  • The physical and mental health of the parents.
  • Existing relationships with siblings or extended family members.

Can Custody Arrangements Be Modified?

Yes. Some of the common reasons for modifications include:

  • A parent moving to a new location.
  • A significant change in one parent’s personal circumstances.
  • Concerns about the child’s safety or well-being in their current environment.

To modify a custody order, you’ll need to file a formal request with the court and demonstrate that the change is in the child’s best interests.  People are always free to come to a new custody agreement with their ex-, however we always recommend that you file a new parenting plan so that the court is aware of the changes.  If there’s ever a disagreement in the future about this new plan, the court can only look at what has been filed, and if they’re unaware of the new arrangement, they will default to the current orders on paper.

What Happens If One Parent Violates the Custody Order?

If the other parent violates a custody order, you have options:

  • Document the violation carefully, noting dates and specific incidents.
  • Contact law enforcement if the violation involves serious concerns, like kidnapping or endangerment.
  • File a motion with the court to address the violation, whether it be a Contempt of Court or a Motion to Enforce, and request an enforcement or a modification of the order.

Can Grandparents or Other Relatives Seek Custody?

Grandparents and other relatives may have custody rights in certain circumstances, though these cases are less common. Courts might grant some custody to a relative if both parents are unable or unfit to care for the child due to issues such as neglect, abuse, or substance abuse problems, or one of the parents has passed away. Relatives who seek custody must demonstrate that they can provide a stable, nurturing home environment and that living with them serves the child’s best interests.

How Does Relocation Affect Custody Agreements?

Colorado Springs Child Custody Attorneys

If you’re planning to relocate or the other parent is, here’s what to know:

  • You will almost certainly need court approval before making a significant move with the child unless both parties agree to it
  • The court will examine how the move affects the child’s relationship with the other parent and overall stability.
  • Open communication and a strong legal strategy are essential to address relocation disputes.

Parents facing relocation-related custody issues should consult with an attorney to ensure their rights are protected.

Seek Legal Help from a Colorado Springs, CO Child Custody Attorney

At the Law Office of Andrew Bryant, we know that every family is different, and we take the time to understand your unique situation to advocate for your parental rights. We’ll help you navigate custody laws, understand what to expect in court, and work toward a resolution that prioritizes your child’s stability and well-being. Fill out the form on our website, message us online, or call us at 719-634-7353. Your journey toward a brighter future starts here.