Child Custody

Child Custody

When parents separate or divorce, one of the most significant concerns is the welfare of their children. One of the key issues that parents must address is child custody and parenting time. At Nexus Family Law Group, we understand that child custody matters can be highly emotional and complex, and we are here to help guide you through the legal process.

In Colorado, child custody has two components: parenting time (physical custody) and decision-making (legal custody). Additionally, Colorado uses the term “allocation of parental responsibility”.

Parenting Time

Parenting Time refers to the schedule of time that each parent spends with the child. The law in Colorado states that , it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage. However, Colorado statutes do not provide for a presumption of equal Parenting Time or Decision-Making.

When making custody decisions, the Courts in Colorado will consider the best interest of the child/children. The parenting time schedule would include weekdays, weekends, holidays, and vacations. In determining the best interests of the child for purposes of parenting time, the Court shall consider all relevant factors, including:

I. The wishes of the child's parents as to parenting time;
II. The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
III. The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;
IV. The child's adjustment to his or her home, school, and community;
V. The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
VI. The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party's protective actions shall not be considered with respect to this factor;
VII. Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
VIII. The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
IX. "The ability of each party to place the needs of the child ahead of his or her own needs." Colo. Rev. Stat. § 14-10-124 Best interests of the child (Colorado Revised Statutes (2022 Edition))

Decision Making

In Colorado, decision-making refers to the right and responsibility of a parent to make major decisions regarding their child's upbringing, such as education, medical treatment, mental health treatment, and religious upbringing.

There are two types of decision-making in Colorado:

1. Sole Decision-Making: When a parent has the exclusive right and responsibility to make major decisions for their child without consulting the other parent. This type of decision-making may be appropriate when the other parent is absent, unable to make decisions, or poses a danger to the child.

2. Joint Decision-Making: When both parents share the right and responsibility to make major decisions for their child together. This is the most common type of decision-making arrangement in Colorado, as it promotes the involvement of both parents in their child's life and encourages cooperation between them. When making decision-making orders, the court will consider the best interests of the child. In determining the best interests of the child for purposes of allocating decision-making responsibilities, the court shall consider all relevant factors including:

   • Credible evidence of the ability of the parties to cooperate and to make decisions jointly;

   • Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;

   • Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties.

It's important to consult with a knowledgeable attorney in Colorado to understand the specific rules and regulations surrounding child custody and decision-making in the state, and to ensure that your parental rights and responsibilities are protected.