What You Need to Know About Colorado’s Child Custody Laws

Colorado's child custody laws are essential for understanding how custody arrangements are determined in the state. If you’re a parent navigating the complexities of custody, it’s crucial to be informed about the framework within which these decisions are made.

Types of Custody in Colorado

In Colorado, custody is divided into two main types: legal custody and physical custody. Legal custody refers to the authority to make significant decisions on behalf of the child, such as education, healthcare, and religious upbringing. Physical custody, on the other hand, pertains to where the child lives and who takes care of them on a day-to-day basis.

Custody Arrangements

There are two primary custody arrangements recognized in Colorado: sole custody and joint custody. Sole custody means that one parent has exclusive rights and responsibilities for the child's upbringing, while joint custody allows both parents to share these responsibilities. Joint custody can further be divided into joint legal custody, where both parents make decisions together, and joint physical custody, where the child spends significant time with both parents.

Best Interests of the Child

Colorado courts always prioritize the best interests of the child when determining custody arrangements. Factors that influence this decision include the child's preferences (if old enough), the mental and physical health of both parents, historical involvement in the child's life, and the ability of each parent to foster a relationship between the child and the other parent.

Parental Responsibilities

Under Colorado law, parental responsibilities encompass both legal and physical custody. When parents cannot agree on custody or parenting time, they may be required to develop a parenting plan that specifies each parent's legal and physical responsibilities. This plan must be submitted to the court for approval.

Child Support and Custody

While child custody and child support are related, they are distinct matters. Child support is typically determined by both parents' incomes, the custody arrangement, and the child’s needs. In most cases, the parent with primary physical custody may receive child support from the other parent.

Modification of Custody Orders

Changes in circumstances may warrant a modification of custody orders. To modify a custody arrangement, the requesting parent must demonstrate a substantial change in circumstances that affects the child’s wellbeing. It’s important to note that Colorado law requires a thoughtful process when considering custody modifications.

Mediation and Legal Support

Many custody disputes in Colorado are resolved through mediation, which provides an opportunity for parents to negotiate and reach an agreement amicably. When mediation fails, parents may need to turn to the courts, requiring the assistance of an experienced family law attorney who is familiar with Colorado's custody laws.

Conclusion

Understanding Colorado’s child custody laws is essential for any parent involved in a custody dispute. By focusing on the best interests of the child and being aware of the factors that influence custody decisions, parents can navigate the legal system more effectively. Whether through mediation or court intervention, having the right information and support is crucial for securing a healthy environment for children.