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Colorado Child Custody
Child Custody in Colorado
According to Colorado law, custody "may be awarded to either parent based on the best interest of the child, and shall consider all relevant factors."
Mandatory Parenting Class
Colorado courts often require all divorcing parents with minor children to complete a mandatory parenting class before granting a divorce. This requirement is designed to help parents and children deal with the trauma of divorce and separation. Unless the court grants a waiver, both parents must typically complete this requirement. Rather than give up an afternoon or evening taking your course in a crowded classroom, you can fulfill this requirement conveniently online at a very reasonable cost. We recommend you take Children in Between Online" to fulfill your court requirement and for the benefit of your children.
Best Interests of the Child
Colorado makes it mandatory to consider the best interests of the child first in deciding parental responsibilities. The court considers the interaction of the child with the parents, brothers and sisters, and any other person who affects the child. Home, school and community adjustments are considered, as is the mental and physical health of everyone in the child's life.
Colorado courts examine the willingness of each parent to share the child. The parent's past involvement with the child will be considered, including the value system each parent holds and time spent with the child. Proximity is considered when practical decisions concerning visitation are made. For example, if the parents live one to four hours apart, it would not be in the best interest of the child to divide parenting time equally. An every-other-weekend scenario is more likely in those cases. In Colorado, the parents submit a parenting plan to the courts that outlines physical custody and visitation. Absent a plan from the parents, or in the face of a rejected plan, the court makes a plan. Courts consider the wishes of the child as long as he or she is mature enough.
The law prevents one party from removing the child from Colorado without permission of the other parent or of the family law judge. If a parent intends to relocate, he or she must give written notice, the location, the reason and a proposed revised parenting plan for consideration to the other parent. The judge then decides at a hearing.
Relocation means 45 minutes or more of travel time to get to the other parent, not just for moving out of state. Relocation can be a factor when parents share the child on school nights.
Preferential Treatment Towards Mothers
Child custody laws in Colorado consider the best interest of the child when determining custody and support in divorce and separation cases. Colorado courts are gender blind, so the parents are on equal footing. No preference is given to either the mother or the father.
Joint Custody Preference
Colorado law expresses a preference for parents to share as equally as possible in the custody of a child in a divorce case. Parents generally share decision-making responsibilities. This routine prevents one parent from making all the major decisions for the child. Parents need to consult with each other on issues pertaining to health, education, religious upbringing and general welfare, but not on routine day-to-day decisions. Parents sometimes need a parenting mediator.
Joint custody rulings in Colorado are different than in other states. Colorado judges strive for shared custody solutions rather than traditional joint custody. Shared custody involves both parents sharing equal time and financial responsibility for the child.
In shared custody, the parent who makes more money is required to make payments to the other parent. It is not official child support, as both parents are splitting the cost of child rearing.
Parents work together with a judge to set up a shared custody schedule. Teens are allowed to give input on the schedule but adults make the final decision.
Joint legal custody in Colorado is different from shared custody. One parent has most of the parenting time and responsibility but both parents have the right to make decisions in the best interest of the child.
The best interests of the child are always at the heart of determining custody. When one parent is unfit, the other will receive sole custody.
In addition to finding a parent unfit because of substance abuse or abuse or neglect towards a child, the courts also consider the conduct of both parents during the course of the marriage, and the impact of parental behavior on the child. Any past child abuse, spousal abuse, or neglect is considered as long as there is credible evidence. Colorado courts will also consider how much each parent puts the child's needs ahead of his or her own.
The Colorado courts have full discretion when determining visitation between children and parents. The courts can establish visitation between one or more parent, even if both parents agreed upon a no-visitation policy. In Colorado, visitation is called parenting time. Courts consider the age of the child in determining visitation. When a child is under 2 1/2 years old, a judge usually restricts overnight visits with a non-custodial parent. After the onset of school age, the court usually prefers that the child stay in one place, especially during the school year. The court generally attempts to divide time between parents for holidays and summers. However, where there has been a history of abuse or neglect, the principle of the "best interest of the child" reigns supreme.
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