Denver Custody Dispute Attorney
Custody disputes in Denver can be some of the most challenging times to get through. However, working with an experienced attorney can help you save a great deal of time, money, and frustration.
Custody matters are decided by determining what is in the best interests of the child, as opposed to striving for 50/50 custody. Thus, “parenting time,” or physical custody of the child, could be disproportional. The best interests of the child will also be used to determine the decision-making responsibility of each parent. Courts are allowed to take countless facts into consideration when making these determinations.
For a free and confidential case assessment with a custody dispute attorney who cares, contact YouLaw Colorado at (720) 815-4421.
Understanding How Custody Disputes Work in Denver
Custody disputes arise when a couple with children decides to separate or wants to change an existing arrangement. However, the terms “custody” and” visitation” are not used to describe these disputes in Denver. Instead, custody disputes in the state are referred to as the “allocation of parental responsibility,” as per Colo. Rev. Stat. § 14-10-124(1.5).
To allocate parental responsibility, the courts will decide on two components: parenting time and decision-making responsibilities. Our skilled custody dispute attorney can explain how these factors will impact your case and the best strategies to use to resolve your issues with the least amount of stress to your children. The following will help you understand how the court decides custody in Denver:
Parenting Time
What some states refer to as “physical custody” is known as “parenting time,” according to § 14-10-124(1.5)(a). This is the actual scheduled time the child spends with each parent. Some states strive to split the child’s time 50/50 with each parent. However, Denver courts and the law have found this less feasible in most situations, opting instead to weigh all the circumstances and make the best choice for the child involved.
Most custody disputes involve parenting time. Fortunately, our attorney can work with you and the other parent to negotiate a parenting time plan that works for everyone. Typically, you will need to go through mediation before a divorce hearing, where a parental responsibility plan can be ironed out without a formal hearing.
If the parents cannot come up with a schedule they agree on, the courts will decide. However, the courts will evaluate the nature of the child’s relationship with each parent. This includes assessing the child’s wishes and determining whether a history of domestic or substance abuse should impact the decision.
Parenting time schedules are not set in stone, though. The parents can come together later and renegotiate a schedule if circumstances change, according to § 14-10-129. If one parent is fighting the change or a parent is not complying with the schedule, a motion to dispute parenting time can be filed under § 14-10-129.5. However, the court will defer to the original parenting time plan if evidence is not provided to substantiate the new claims.
Decision-Making Responsibilities
The other half of parental responsibilities is the “decision-making responsibility” of each parent, as per § 14-10-124(1.5)(b). This is commonly known as “legal custody” in other states. Decision-making refers to the parent’s ability to make important educational, medical, and other life decisions.
In most cases, the court prefers to have parents share decision-making responsibilities equally. However, the court can and will limit a parent’s ability to make important decisions regarding their child if they have a history of conflict or abuse with the child or other parent. In other cases, a parent might have mental health issues that prevent them from exercising decision-making responsibility at the time of the dispute.
Circumstances change, though, and the law recognizes this. As such, § 14-10-131 allows a parent to request a modification for more responsibility if they can show the court they are capable. Still, the court will be reluctant to change a decision-making scheme unless it poses some emotional or physical danger to the child.
How the Best Interests of the Child are Determined in a Denver Custody Dispute
Like most other jurisdictions, Denver family courts use the “best interests of the child” to determine the parenting time and decision-making authority in a case. To do this, the court will consider a host of factors listed under § 14-10-124(1.5)(a)(I)-(XI) and § 14-10-124(1.5)(b)(I)(IV). All cases are different, so some criteria will not apply while others will be paramount. Our lawyer can review your situation to see how the court is likely to evaluate your relationship with your child and the other parent. The following are some of the most important factors courts use to decide what is in the best interest of the child in a custody dispute:
The Parent and Child’s Relationship
The court is likely to first assess the relationship between the child and each parent. The court typically starts from the position that both parents should be able to provide for the child. However, the court will determine how much time the child actually spends with a parent. This includes who takes them to medical appointments, school functions, and anything else the court considers relevant.
The Child’s Wishes
The court will also ask the child their wishes if they are old enough to express their preferences. The law does not stipulate how old a child must be to state their wishes, so the court will decide. However, the child’s wishes will not usually be the overriding factor in the court’s decision.
Meeting the Child’s Mental, Physical, and Emotional Needs
The court will also want detailed information about how each parent will provide for their child’s physical, mental, and emotional needs. The court will want to know about your employment history, the state of your home, and your relationships with others who will be in the child’s life. The goal is to show the court you have the ability to give your child a stable home life.
History of Abuse
A history of abuse will be a critical factor in a Denver custody dispute. If the court has evidence that a parent was physically abusive in the past, it will likely be a deciding factor in the case. Evidence or a history of emotional abuse will also be a major consideration for the court.
Judges will also take into account parents with a substance abuse history. However, that will not automatically prevent a parent from getting custody. The court will hear evidence about how the parent has addressed the problem and why their home is safe.
Our Denver Custody Dispute Attorney Can Help
Contact YouLaw Colorado at (720) 815-4421 for a free case review with a custody dispute lawyer who can help.
