Denver Child Custody Lawyer
Dedicated Advocacy for Custody & Parenting Time in Denver
At the Denver Family Lawyers, we understand the importance that parents play in the lives of their children. One of our greatest goals is to provide proper legal advice and help parents protect the relationships that they have with their children through parenting agreements and child custody orders.
Why Choose Denver Family Lawyers for Your Child Custody Needs?
- We offer free consultations
- Award-winning representation
- We are backed by past clients with histories of success
- Attorney William Thode has 20 years of legal experience
Call (303) 225-3343 today for a free case evaluation with a Denver child custody lawyer near you!
Essential Questions to Ask Your Denver Child Custody Attorney
Child custody cases in Denver, CO can be a nasty process. With both spouses practically competing for their child or children together, some cases may create a rift between parents and children.
If you happen to be a parent undergoing a child custody battle in court, here are some questions you should ask your Denver child custody attorney to provide some clarity:
- If I am unmarried, do I need to file for child custody?
- What's the difference between physical and legal custody?
- How does the court determine who the custodian is?
- What does the court mean by "child's best interests"?
- Can my child decide who will be their custodian?
- What is a parenting plan?
Understanding Child Custody Laws in Colorado
In 1999, the familiar term “child custody” was changed in Colorado to the more politically-correct term “parenting responsibilities.” However, these responsibilities are still referred to in the vernacular as “child custody” matters. There are several categories of child custody cases in Colorado.
Custody Process for Nonmarried Couples in Denver
The first category is Allocation of Parental Responsibilities (APR) cases, which occur between parents who were never married. These types of custody cases are generally brought before the domestic relations division of the District Court in the county where at least one of the parents resides.
Child Custody for Divorcing Spouses in Denver
The second type of custody case in Denver involves parenting time and decision-making authority. These cases are generally decided during or following a divorce case and involve physical custody (who the child lives with) and legal custody (who makes life decisions for the child).
Different Types of Child Custody in Colorado
As mentioned above, child custody is categorized into two main types: legal custody and physical custody.
Legal custody refers to the right to make significant decisions about a child's upbringing, including education, healthcare, and religious training. Physical custody, on the other hand, determines where the child will reside and how much time they will spend with each parent.
Parents can share joint custody, where both have equal rights and responsibilities, or one parent may have sole custody, granting them exclusive decision-making authority.
How Child Custody is Determined in Colorado
The courts will examine the following when awarding custody of the children:
- The parent's physical and mental health
- The distance between the parents' houses
- The child's wishes, depending on his or her maturity level
- Each parent's wishes and preferences in terms of custody and parenting time
Is Colorado a 50/50 Child Custody State? Find Out Here!
Colorado is not a 50/50 state that splits child custody. The responsibilities and actions of Colorado parents are based on the best interests of the child or children. There is no ruling favor that goes to the mother, father, or equal time.
Are you looking to get a divorce and want to fight for fair custody right here in Denver? Maybe you are separated parents who need to establish a plan for parenting time, or a father looking to fight for your fathers’ rights. Whatever the case may be, speak with a Denver child custody attorney from Denver Family Lawyers to learn what your options are.
Protect your child’s future today! Contact our Denver child custody lawyer by calling at (303) 225-3343 or reach out online to explore your options.
Commonly Asked Questions
What is Considered an Unfit Parent in Colorado?
In Colorado, consider a parent unfit if they cannot fulfill the child's needs or threaten their physical or emotional well-being. If the custodian of the child shows any of these behaviors, you may have a case against them:
- Alcoholism
- Child has bodily injuries upon leaving the custodian's premise
- The custodian has been neglecting the child
- The custodian has exhibited mental illness or emotional sickness
How Does the Court Determine the Best Interests of the Child?
Factors influencing this determination include the child’s emotional and physical needs, the relationship each parent has with the child, and the ability of each parent to provide a stable environment. Additionally, the court may consider the child’s adjustment to their home, school, and community.
Other factors include the mental and physical health of both parents, any history of domestic violence, and the child’s preferences, depending on their maturity level. Ultimately, the goal is to create an arrangement that fosters the child's well-being and development.
Can I Request a Modification of an Existing Custody Agreement?
Yes, you can request a modification of an existing custody agreement in Denver. Circumstances may change over time, and what was once deemed the best arrangement might no longer serve the child's interests. Common reasons for modification requests include significant changes in a parent's living situation, employment changes, or shifts in the child's needs.
Can My Child Choose Which Parent to Live With?
In Colorado, a child’s preference can be considered in custody decisions, but it is not the sole determining factor. The court will assess the child’s maturity and ability to express a reasoned preference. Generally, children over the age of 14 may have more influence over custody decisions, while younger children’s preferences may carry less weight.
