Navigating custody issues can be stressful, especially when emotions are high and the stakes involve your child’s future. Understanding how Colorado courts approach parenting time and decision-making can help make the process feel less overwhelming. A child custody lawyer Denver parents trust can help explain these terms and guide you through what the court looks for. In short, judges focus on what is truly best for the child, rather than just what each parent wants. Here’s a breakdown of how it all works, in plain language.
What Parenting Time Really Means
Parenting time is simply the schedule that determines when your child is with each parent. It includes regular days, weekends, holidays, and even vacations. Instead of focusing on who has “custody,” Colorado looks at how time is shared to support the child’s routine and well-being.
Understanding Decision-Making Responsibilities
Decision-making responsibilities refer to who has the authority to make significant choices in your child’s life, such as decisions regarding education, healthcare, and religion. In Colorado, this can be shared between both parents or given to one parent, depending on what is best for the child. It’s not about control; it’s about making sure your child’s needs are met thoughtfully and consistently.
The Best Interests of the Child Standard
Colorado courts use something called “the best interests of the child” standard to make decisions about parenting time and responsibilities. This means judges consider what will truly support the child’s emotional, physical, and mental well-being, rather than just what each parent wants. Here are some of the main things the court considers:
The Child’s Relationship with Each Parent
Judges consider the strength of the bond between the child and each parent. If one parent has been more involved in daily care, that can carry weight in the decision.
Each Parent’s Ability to Support the Child
The court considers whether each parent can provide a stable, nurturing environment. This includes financial stability, emotional support, and overall involvement in the child’s life.
The Mental and Physical Health of Everyone Involved
If a parent has health issues that could affect their ability to care for the child, it may impact the court’s decision. The child’s health and any special needs are also taken into account.
The Child’s Adjustment to Home, School, and Community
Judges prefer to minimize disruption in a child’s life. If a parenting plan would require changing schools or relocating far from friends and family, the court will weigh that carefully.
The Presence of Domestic Violence or Substance Abuse
Any history of abuse or ongoing substance problems can strongly affect custody decisions. The court’s top priority is keeping the child safe.
The Child’s Own Wishes, Depending on Age and Maturity
Older children may have a say in where they live or how time is divided. While their preferences aren’t the final word, judges will listen if the child is mature enough to express a reasonable opinion.
What the Court Looks at Before Making a Decision
Before the court makes any final decisions regarding parenting time or responsibilities, it takes a comprehensive look at the entire picture. Judges don’t just rely on what parents say; they also consider documents, expert opinions, and the child’s perspective when appropriate. Here’s what typically goes into their evaluation:
Parenting Plans from Each Parent
Both parents are usually asked to submit a proposed parenting plan. This outlines how they think time and responsibilities should be shared, providing the judge with a starting point for understanding each parent’s preferences.
Statements or Testimony from the Parents
Each parent has a chance to explain their situation directly to the judge. This can include why they believe their plan is best and how they’ve been involved in the child’s life so far.
Reports from Child and Family Investigators
In more complex cases, a Child and Family Investigator (CFI) may be appointed. They talk to the parents, the child, and sometimes others (like teachers or relatives) to provide an unbiased recommendation to the court.
The Child’s Wishes
If the child is old enough and mature enough, the court might take their preferences into account. This doesn’t mean the child chooses, but their voice can help shape the outcome.
Any History of Conflict or Abuse
Judges look carefully at whether there’s been a history of domestic violence, neglect, or ongoing conflict between the parents. These factors can heavily influence who is given more decision-making responsibility or parenting time.
How Parenting Time Is Typically Divided
Parenting time in Colorado can be split in many ways, depending on what works best for the child. Some families opt for a 50-50 schedule, such as alternating weeks, while others use a 60-40 or weekend-based setup. There’s no one-size-fits-all because judges aim for a plan that supports the child’s routine, stability, and emotional well-being.
What Happens When Parents Cannot Agree
When parents can’t agree on a plan, the court typically asks them to try mediation first to resolve their differences with a neutral third party. If that doesn’t help, a judge may bring in a professional, such as a Child and Family Investigator, to learn more about the situation. Ultimately, if there’s still no agreement, the judge will step in and make a decision based on what’s best for the child.
Final Thoughts
Understanding how Colorado courts make decisions regarding parenting time and responsibilities can significantly reduce the mystery surrounding the process. While every case is unique, keeping the child’s well-being at the center is always the goal. If you’re facing a custody situation, working with an experienced child custody lawyer Denver families rely on can help you feel more confident and prepared.
