Colorado no longer uses the term or concept of “custody”. We now allocate parental responsibilities to parents in two areas: First, we allocate decision making responsibilities in a joint or sole allocation as to a final decision concerning major decisions. Second, we allocate parenting time.
We understand that allocation of parental rights is often the most hard fought battles and many times our client’s number one priority in a divorce or custody proceeding.
Parenting time will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:
1. The preference of the child if mature enough to voice a reasoned opinion;
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;
3. The wishes of the parents;
4. The child’s adjustment to his or her home, school, and community;
5. The mental and physical health of all individuals involved;
6. The relationship of the child with parents, siblings, and other significant family members;
7. Any child abuse or spouse abuse by either parent;
8. Whether a parent’s past involvement with the child reflects a system of values, time commitment, and mutual support;
9. The physical proximity of the parties to each other;
10. The ability of each party to place the needs of the child ahead of his or her own needs.
Visitation may be restricted if there is a danger to the child. (Colorado Revised Statutes, Article 10, Sections 14-123, 14-124, and 14-129)
Parenting time options vary and there are many choices and options to best fit the needs of a family. Creativity and individualized parenting time is important beyond the normal parenting time options you may believe are available to you. Let us explain those options and help you.