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Determining the Child’s Best Interests: The Core of Denver Custody Decisions

Child custody decisions arising from divorce or separation can be emotional and complex. Knowing your rights and understanding Colorado’s child custody laws can help you navigate this difficult process. This article serves as a comprehensive guide to child custody in Denver.

What is Considered in Making Child Custody Decisions?

When making custody decisions, the court’s primary consideration is the best interests of the child. To determine the child’s best interests, the court examines various factors:

  • The child’s emotional bond with each parent and relatives.
  • The child’s adjustment to home, school, and community.
  • The willingness of each parent to facilitate a positive relationship between the child and the other parent.
  • History of abuse or violence between the parents.
  • Mental health of the parents.
  • The child’s preference, if the child is mature enough.
  • Each parent’s ability to meet the child’s needs.

Types of Child Custody in Colorado

There are different types of child custody orders in Colorado:

  • Sole custody: One parent has primary decision-making authority and receives the bulk of residential responsibility.
  • Joint custody: Both parents share residential responsibility and decision-making for the child. There are two types: joint legal and joint physical custody.
  • Allocated parental responsibilities: Similar to joint custody but with a specific schedule for time-sharing.
  • Temporary custody: An interim order pending further investigation or final resolution, usually lasting 6-12 months.

The standard presumption for Denver custody cases is joint custody unless one parent objects or it is not in the child’s best interests.

Establishing a Parenting Time (Visitation) Schedule

Along with custody orders, the judge will establish a parenting time or visitation schedule that allows the child regular contact with both parents. Schedules generally follow these guidelines:

  • Young children (0-5 years old): Frequent but shorter visits, such as every other weekend.
  • School-aged children (6-12 years old): Weekends, one evening per week, and alternation of holidays and vacations.
  • Teenagers (13-18 years old): A more flexible schedule that considers extracurricular activities.

The schedule is tailored to each family’s situation. Consistency and minimizing transitions are priorities. Modifications can be made as the child ages.

Filing for Initial Custody Orders

When parents cannot agree on custody or visitation on their own, the following steps are usually taken:

  • File a petition for allocation of parental responsibilities (APR) in Denver District Court.
  • Attend a mandatory parenting class and mediation session to try to resolve issues.
  • If unsuccessful, a custody evaluation may be ordered, requiring home visits, interviews, and tests.
  • A trial is held where evidence is presented to the judge, who then issues a custody order.
  • Temporary orders are issued first if there are disputes, with permanent orders following later.
  • Custody orders generally remain effective until the child is 18 unless they are modified due to changed circumstances.

Modifying Existing Custody Orders

As children grow and circumstances change, custody orders may need to be modified. To modify an order, the following must be demonstrated:

  • There has been a substantial and continuing change in circumstances affecting the child’s best interests.
  • The change was not reasonably anticipated by the prior order.
  • Modification is necessary for the child’s physical, mental, moral, or emotional health.

Common reasons for modification include a parent’s relocation, conflicts between parents that hinder cooperation, issues with the child’s health or education, or allegations of abuse/neglect. Modification hearings follow the same process as initial custody decisions.

Use of Guardians Ad Litem in Custody Cases

Courts may appoint a guardian ad litem (GAL) in contested custody matters. The GAL, an attorney who advocates for the child’s best interests, performs duties such as interviewing parties and witnesses, observing home environments, and submitting reports with recommendations to the court. The GAL’s recommendations are given significant consideration during custody decision-making and are particularly beneficial in high-conflict cases.

Working with a Qualified Family Law Attorney

Navigating child custody laws and court processes requires expertise. An experienced Denver family law attorney can advise on rights, negotiate with the other party, evaluate the strengths and weaknesses of each parent’s case, prepare properly for litigation, and effectively present a custody position to the court. With legal counsel, parents are better positioned to achieve a fair resolution that serves the best interests of their children.

If you are facing child custody decisions, don’t navigate this complex process alone. Reach out for professional guidance. Visit our contact page or call us directly at (303) 832-4200 to consult with a skilled family law attorney who can provide personalized advice for your situation.