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Who will get custody of our children? It’s often the first question divorcing parents ask, and understandably so. The thought of spending less time with your child can feel devastating. While Colorado courts generally aim for equal parenting time between both parents, the reality is more complex. Factors like your work schedule, where you live, and your child’s needs all play crucial roles in determining custody arrangements.
Whether you’re working toward a cooperative parenting plan or dealing with a contested custody dispute, a Colorado Springs child custody lawyer can provide the support and clarity you need to navigate this emotionally charged process and protect your relationship with your child.
In Colorado, custody isn’t referred to as “custody” by the law – instead, it’s called “parental responsibilities,” which are divided into two main parts:
● Legal custody (decision-making responsibilities) involves who gets to make important decisions about the child’s upbringing, such as education, healthcare, and religious practices.
● Physical custody (parenting time) refers to where the child lives and the schedule for spending time with each parent.
When determining custody, Colorado courts prioritize flexibility. Every family is different, and there’s no one-size-fits-all solution. The primary arrangements include:
● Sole Custody: In cases where one parent is deemed unfit due to abuse, neglect, or other reasons, the court may award sole custody. This means one parent has the authority to make decisions and may also have the majority of parenting time.
● Joint Custody: Most courts favor joint arrangements where both parents share legal and/or physical custody. This approach ensures both parents play an active role in their child’s life, provided it’s safe and appropriate.
● Parenting Time: In Colorado, parenting time schedules are tailored to each family. This can involve equal time for both parents or a primary residence for one parent with regular visitation for the other.
Colorado courts make custody decisions based on what’s in the child’s best interests. But what does “best interests” really mean? To determine this, courts examine several key factors:
● The child’s relationship with each parent. Courts consider how close the child is to each parent and whether both parents have been actively involved in their upbringing.
● Each parent’s ability to meet the child’s needs. Factors such as emotional support, stability, and the ability to provide for the child’s physical and emotional well-being are essential.
● The child’s adjustment to their home, school, and community. Judges take into account the impact of a custody arrangement on the child’s daily life, including their school performance and friendships.
● Each parent’s willingness to support the child’s relationship with the other parent. Courts value co-parenting and cooperation, so a parent who actively undermines the other’s relationship with the child may be at a disadvantage.
● Evidence of abuse or neglect. If there’s any history of domestic violence or child abuse, this will significantly influence the court’s decision. Protecting the child from harm is the highest priority.
Life changes and custody orders can, too. Colorado courts recognize that parenting plans may need adjustments over time. If you’re seeking a custody modification, here’s what you need to know:
● Significant Changes in Circumstances: To modify a custody order, you must show that a substantial change has occurred since the original order was issued. This can include a parent relocating, changes in employment, or concerns about the child’s safety.
● Best Interests of the Child: As with initial custody decisions, modifications must prioritize the child’s best interests. The court will evaluate how the proposed change affects the child’s well-being.
● Process for Modifications: Modifying a custody order typically involves filing a motion with the court and attending a hearing. Both parents have the opportunity to present their case.
If you believe a custody modification is necessary, don’t try to handle it alone. A family law attorney can help you present a compelling case and protect your rights throughout the process.
Custody decisions aren’t just legal matters—they’re life-changing decisions that affect your relationship with your child. Whether you’re navigating parenting time schedules, decision-making responsibilities, or contested custody battles, the process can be overwhelming.
At The Law Office of Andrew Bryant, we advocate for parents like you. Andrew Bryant knows the importance of building a case that reflects your strengths and demonstrates your dedication to your child’s well-being. Whether you’re dealing with mediation, custody evaluations, or courtroom proceedings, Andrew Bryant provides focused and compassionate representation.
Contact us online or call 719-634-7353 to discuss your case with a child custody lawyer in Colorado Springs. Let us work toward a solution that supports your parental rights and your child’s happiness and well being.
Contact The Law Office of Andrew Bryant today for a free consultation concerning your criminal or family law case. You are just a click away from a top-rated and respected team with the experience and tenacity to ensure you get the best legal services offered in Colorado Springs – call or email now.
805 South Cascade Ave.
Colorado Springs, Colorado 80903
Phone: 719-634-7353
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