An Overview of Colorado Child Custody and Parental Responsibility Laws
In Colorado family law, there are a lot of sensitive areas. After all, anything that involves your family has high emotional stakes. One particularly sensitive and challenging area of family law, in my experience, is child custody. If you are going to be part of a child custody case in Colorado, there are a few things all parents should know.
Colorado and "Parental Responsibility"
“Parental Responsibility” can be broken down into two parts: the parenting time (formerly physical custody) and the ability to make decisions for the child (formerly legal custody). Parenting time is sometimes referred to as “primary” when one party has the majority of time, but decision making is referred to as “sole” or “joint,” depending on the rules ordered by the court.
In Colorado, the Allocation of Parental Responsibilities (APR) is the process used to determine a parent's rights and responsibilities when the parents, or the party seeking custody from one of the parents, is not married to the other parent.
Parenting Time in Colorado
Essentially, parenting time is what it sounds like: where the kids are going to live, how much time with the kids each parent will receive, the schedules for holidays and vacations, and any drop-off and pick-up arrangements. When the court allocates parenting time, it typically starts with the presumption that the parents are equal. The court should not approach the issue with a bias toward one parent unless there are extreme circumstances, such as one parent with a history of child abuse. However, equal co-parenting may not always be what is in the child's best interests, which is the standard that governs custody decisions in Colorado.
Although the exact parenting time schedule will depend on the factors and circumstances present in your case, there are some schedules that are commonly used. One common equal parenting time schedule is the "2-5-5-2" plan. Under this schedule, one parent has the child Monday and Tuesday, while the other parent has the child each Wednesday and Thursday. Weekends are then alternated between both parents. Important holidays are shared and may be alternated.
Decision-Making Ability for Colorado Parents
Parenting time refers to the physical aspects of the parent-child relationship, and decision-making ability deals with how important choices for the child will be made. These decisions may include where the child will go to school, what religious activities they engage in, extracurricular activities, medical treatment, and more. As with parenting time, both parents can be awarded decision-making abilities, or it can be granted solely to one parent.
How the Parental Responsibilities are Determined in Colorado
Ideally, you and your co-parent will be able to work together to determine how the parenting responsibilities will be divided. You do not have to try to do this on your own. You can each have your own attorney for assistance in this area, and the attorney can also work with you on approaches that may help you come to an agreement on your own, such as mediation.
If you and your co-parent cannot reach an agreement, the court will decide the parenting responsibilities and inform you about the outcome. In short, the judge will weigh all the factors of your case to determine what will be the most beneficial and appropriate division for your child, which is the "best interests of the child" standard.
The judge will consider many aspects when it comes to determining parenting responsibilities, including some or all of the factors below:
The wishes of both parents and the child, if they are old and mature enough
How well the child is adjusted to their community, school, and home
The relationships and interactions of the child with their parents, siblings and anyone else with a significant impact on their life
The ability of each parent to encourage the strength of the child's relationship with the other parent
The physical and mental health of all involved. It is important to note that a disability alone is not a reason for the court to limit or deny parenting time.
How close the parents live to each other
Whether either parent has ever committed child or spousal abuse
How well each parent can place their child's needs over their own
For decision-making ability, the judge will also weigh how well the parents can make decisions together. This is to ensure decisions for the child are made in a timely manner.