Best Child Custody Lawyers in Colorado
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About Child Custody Law in Colorado, United States
Child custody in Colorado refers to the legal arrangements regarding the care, control, and maintenance of a child when parents separate or divorce. In Colorado, the terms "allocation of parental responsibilities" (APR) and "parenting time" are used instead of "custody," focusing on the child’s best interests. The law outlines how decisions about the child's upbringing and residence are made, and how time is shared between the parents.
Why You May Need a Lawyer
There are several scenarios where seeking legal help in child custody matters is essential. If you and your co-parent cannot agree on parenting responsibilities or schedules, a lawyer can help you navigate the court system. Parents may need legal representation if there are allegations of abuse, substance abuse concerns, or if one parent plans to relocate with the child. A lawyer can also help modify existing custody orders, enforce court decisions, and ensure that your rights and the best interests of your child are protected throughout the legal process.
Local Laws Overview
Colorado child custody law emphasizes the best interests of the child as the guiding principle for all decisions. Key aspects of local law include:
- Allocation of Parental Responsibilities (APR): Instead of traditional custody, Colorado uses APR to define both parenting time and decision-making responsibilities.
- Legal Custody: Refers to the right to make major decisions about the child's health, education, and welfare. This can be joint or sole.
- Physical Custody (Parenting Time): Denotes where the child lives and how time is shared.
- Best Interests of the Child: The court considers factors such as the child’s wishes (if mature enough), the parents’ wishes, the child’s relationship with each parent, the child’s adjustment to home and school, and the health of everyone involved.
- Modification: Custody orders can be changed if there has been a significant change in circumstances affecting the child’s welfare.
- Relocation: A parent wishing to move a significant distance must get court approval, considering the impact on the child's relationship with both parents.
- Alternative Dispute Resolution: Colorado encourages mediation to resolve disagreements before going to court.
Frequently Asked Questions
What is the difference between legal custody and physical custody in Colorado?
Legal custody, known as parental responsibility, involves the right to make major decisions for the child. Physical custody, or parenting time, refers to where the child lives and the schedule of time with each parent.
How does a Colorado court decide who gets custody?
The court evaluates what arrangement is in the child's best interests, considering factors such as safety, existing parent-child relationships, stability, and the wishes of the parents and child (if appropriate).
Can children choose which parent to live with?
The court may consider the child's wishes if they are mature enough, but this is only one factor among many in determining custody.
What if one parent wants to move out of state with the child?
A parent must notify the other parent and obtain court approval before relocating with the child if the move significantly affects parenting time.
Can custody arrangements be changed after the court issues an order?
Yes, either parent can ask to modify custody if there is a significant change in circumstances affecting the child's well-being.
What happens if a parent does not follow the custody order?
If a parent violates a custody order, the other parent can ask the court to enforce the order, and the violating parent may face penalties.
Is mediation required in Colorado child custody cases?
Most Colorado courts require parents to attend mediation to try to resolve disputes before proceeding to trial, unless there are circumstances such as domestic violence.
Do grandparents have any custody or visitation rights?
Under certain conditions, Colorado law allows grandparents to request visitation or sometimes custody, usually when it serves the child’s best interests.
How long does it take to resolve a child custody case in Colorado?
The process can take anywhere from a few weeks (if parents agree) to several months (if contested), depending on the complexity and court schedule.
Can unmarried parents get a custody arrangement in Colorado?
Yes, both married and unmarried parents can seek an allocation of parental responsibilities through the court.
Additional Resources
If you need more information or assistance regarding child custody in Colorado, consider reaching out to the following:
- Colorado Judicial Branch - Self Help Center
- Colorado Legal Services
- Colorado Department of Human Services
- Local county courts and mediation services
- Colorado Bar Association Family Law Section
Next Steps
If you are facing a child custody issue in Colorado, start by gathering documentation such as parenting records, communication with the other parent, and any previous court orders. Consider consulting a qualified family law attorney who understands Colorado’s child custody laws. You can contact the Colorado Bar Association or local legal aid organizations for referrals. If you have safety concerns such as domestic violence, let the court and your attorney know immediately. Finally, remember that your primary focus should be on arranging a situation that is in the best interests of your child.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.