CHILD CUSTODY LAWYERS COLORADO SPRINGS
WE FIGHT FOR CHILD CUSTODY
When parents in Colorado Springs divorce, the process can be emotionally charged. If you have children, child custody may be the most important issue in your divorce. Our child custody lawyers in Colorado Springs will guide through process every step of the way.
The state of Colorado generally favors a joint child custody agreement, but if the parents cannot agree on a plan, the court will make a decision based on the best interests of the child.
All child custody cases are handled in family court. Family law judges in Colorado Springs are experienced in handling child custody disputes and will make a decision that is in the best interests of the child, with parents wishes secondary.
How Legal Custody Is Decided In Colorado
Legal custody refers to the parent’s decision making responsibilities about the child’s education, health care, and religious upbringing.
In Colorado, the court will consider a variety of factors when deciding who should have legal custody of the child.
These factors include:
- The child’s wishes, if the court determines they are old enough to do so.
- Can the child’s parents work together to make joint decisions.
- How far away do the parents live from each other.
- The level of conflict between the parents.
- Is each parent willing to encourage and support a relationship between the child and the other parent.
- The child’s adjustment to home, school and community.
- Any history of child abuse or witnessing domestic violence.
- Mental and physical health of the parents and children.
If you are considering a divorce, it is important to seek legal assistance with experienced Colorado Springs family law attorneys who are familiar with the court system. This attorney client relationship will help you understand how custody will be determined in your case and what you can do to fight for decision making responsibilities for your children.
PHYSICAL CUSTODY & VISITATION RIGHTS
Physical custody refers to the parent’s right to have the child live with him or her.
Under Colorado law, parents can have joint physical custody, which means that the child resides with both parents approximately half of the time, or one parent can be awarded primary custody and the other parent will have visitation rights.
If you are considering a divorce and you have children, it is important to understand how actual custody and visitation will be determined in your case.
We strongly suggest that you consult with experienced child custody lawyers for guidance and advice. Our family law firm is highly experienced and effective in Colorado family courts and criminal defense matters.
Parental Responsibility v. Custody
Colorado child custody laws uses the terms “parental responsibility” and “custody” to refer to the legal rights and responsibilities that parents have for their children.
The court will allocate parental responsibilities detailing who is the custodial parent (where the child lives) and legal custody (who has decision making responsibility about the child’s welfare, including decisions about education, healthcare, and religious upbringing).
In Colorado, joint custody parental responsibility is presumed to be in the best interests of the child. This means that unless there are compelling reasons to award sole parental responsibility to one parent, the court will typically grant both parents shared responsibility for their child.
However, even if joint parental responsibilities is awarded, one parent may be granted primary custody of the child. This means that the child will live with that parent most of the time, and the other parent will have parenting time (visitation) with the child.
Determining parenting time is decided on a case-by-case basis. The court determines a parenting time schedule by looking at the parenting agreement, parental rights, parents wishes, the mutual support the child received, and the child’s upbringing. Taking into account these issues, along with the child’s safety & spousal support, both parents are typically granted significant parenting time with their child.
If you are going through a military divorce in the Colorado Springs area and you have children, it is important to work with a law office with experienced child custody lawyers in El Paso county who can help you protect your property division, parenting time rights, and ensure that your child’s physical and emotional needs are taken into account.
If the parents cannot agree on a custody arrangement, they will have to submit a parenting plan to the court.
A parenting plan is a written agreement between the parents that lays out how they will share custody of their child.
The plan should include:
- A detailed parenting time schedule for when the child will be with each parent.
- How decisions about the child will be made.
- How disputes will be resolved.
- Who will pay for childcare and other expenses associated with taking care of the child.
The plan must be approved by the court in order to be enforceable. If one of the parents does not follow the parenting plan, he or she may face sanctions from the court.
If you are considering a divorce, or if you have already started the process, it is important to consult with an experienced Colorado Springs family law attorney and child custody lawyer who can help protect your interests and ensure that the needs of your children are taken into account.
If you have any questions about custody or parenting plans, please contact us today for a free consultation.
Child Custody Modification
If you would like to modify a child custody order to gain greater decision making responsibility, it is important to speak with an experienced Colorado Springs family law attorney who can help you understand the process and determine whether you meet the legal criteria for a modification.
Please contact us today if you have any questions about custody or parenting plans in Colorado. Our Colorado Springs, CO law office would be happy to provide you with a free consultation.
What Is An Unfit Parent?
There are a variety of factors that the court will consider when determining whether a parent is unfit.
These factors include:
- A history of child abuse or domestic violence
- A history of substance abuse
- Mental illness
- Any other factors that may significantly affect the child’s well being
Free Consultation With A Child Custody Lawyer
If you are going through a divorce in and you have children, it is important to work with an experienced Colorado Springs child custody attorney from a reputable law firm to help you protect your rights and ensure that your children’s needs are properly met.
Our experienced custody lawyers Colorado Springs, CO and greater El Paso county will be familiar with the Colorado law governing child custody in Colorado and will advise you on what type of Colorado Springs child custody arrangement may be in your children’s best interests, and all parties involved.
Our legal team of child support lawyers can also help you negotiate a parenting plan with your spouse that is acceptable to the court. In a custody case, all communications and legal representation in Colorado courts between you and your divorce attorney are protected under the attorney client relationship.
If you are unable to make agreeable custody arrangements with your spouse on a parenting plan, a Colorado Springs child custody lawyer can represent you in the custody case and argue for the custody arrangement that he or she believes is in your children’s best interests.
If you have any questions about custody or parenting plans, please contact our law office for a free consultation with a Colorado Springs child support lawyer.