What You Need to Know About Child Custody in Colorado

When facing a child custody case in Colorado, understanding the key aspects of custody laws is crucial for both parents. Child custody determinations in Colorado are primarily made based on the best interests of the child, a standard upheld in family law courts.

Types of Custody in Colorado
In Colorado, custody is divided into two main categories: legal custody and physical custody. Legal custody refers to the right to make important decisions about a child's upbringing, including education, health care, and religious training. Physical custody, on the other hand, pertains to where the child resides and who provides daily care.

Legal Custody
Legal custody can be awarded to one parent (sole legal custody) or both parents (joint legal custody). Joint legal custody is common and allows both parents to remain involved in significant decisions affecting their child's life.

Physical Custody
Physical custody also can be either sole or joint. In sole physical custody, the child lives primarily with one parent, while the other parent may have visitation rights. Joint physical custody implies that the child shares time between both parents’ homes, promoting shared parenting.

Best Interests of the Child Standard
The Colorado courts assess what arrangement serves the best interests of the child by considering several factors. These may include the emotional ties between the child and each parent, the ability of each parent to meet the child’s needs, and the child’s adjustment to their home, school, and community. Additionally, the courts may examine the mental and physical health of all parties involved.

Parenting Plans
In custody disputes, parents are often required to create a comprehensive parenting plan. This plan outlines how parents will share their parenting responsibilities, including schedules for visitation, holidays, and other important details. If parents cannot agree on a parenting plan, the court may step in to establish one that aligns with the child's best interests.

Modification of Custody Orders
Custody arrangements are not set in stone. Changes in circumstances, such as a significant change in income, relocation, or the child’s changing needs, may warrant a modification of an existing custody order. In such cases, the same best interests standard applies to determine whether the modification is justified.

Relocation Considerations
If a custodial parent wishes to move out of state or a significant distance away, they must typically provide notice to the other parent. The non-custodial parent has the right to contest the relocation if it impacts their parenting time or the child’s relationship with them.

Conclusion
Navigating the complexities of child custody in Colorado can be challenging. It is essential for parents to be knowledgeable about their rights and the factors that the court considers. Seeking the guidance of a family law attorney experienced in Colorado custody laws can help parents make informed decisions and advocate for their child’s best interests.