Colorado Child Custody Lawyers
When parents separate or divorce, the welfare of the children becomes one of the most significant concerns. Child custody, including parenting time and decision-making, is a crucial matter that must be carefully addressed during this challenging time. At Nexus Family Law Group, our team of leading child custody attorneys in Colorado recognizes the emotional and legal complexities involved in custody disputes.
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As a trusted legal partner, Nexus Family Law Group is dedicated to providing expert guidance and support to parents navigating the difficult terrain of child custody proceedings. We strive to ensure that your children’s best interests are the central focus throughout the legal process. With our in-depth knowledge and experience in family law, we work diligently to help you achieve a favorable outcome that prioritizes the welfare of your children.
Child custody matters can be overwhelming, but having a reliable and compassionate legal team by your side can make all the difference. At Nexus Family Law Group, we are committed to helping you face the legal complexities of child custody with empathy and professionalism. Trust us to advocate for your parental rights and to support you in making the best decisions for your children’s future.
Colorado Child Custody Arrangements
Colorado utilizes the term Allocation of Parental Responsibilities (“APR”) instead of “child custody” to define the distribution of parenting duties between parents. An APR case in Colorado consists of two key components: (1) Parenting Time- colloquially known to some as “physical custody”; and (2) Decision-Making – sometimes known as “legal custody”. ,
When determining child custody in Colorado, the best interests of the child are prioritized. Courts analyze the “best interests” factors set forth in C.R.S. §14-10-124 to ensure that the parenting time schedule and allocation of decision-making responsibilities as between the parents both promote the child’s well-being and development. These factors include the child’s physical and emotional needs, each parent’s ability to provide care, the child’s relationship with each parent, and any history of domestic violence or substance abuse.
Through the allocation of parental responsibility, Colorado establishes clear guidelines for parents to share the duties and responsibilities of raising their children. As some of the best child custody attorneys in Colorado, we can help ensure that any custody arrangement fosters a supportive and stable environment for the child’s growth and development.
Parenting Time
Parenting time refers to the schedule of time that each parent spends with their child(ren) post-separation or divorce.
While the Courts understand that co-parenting is not appropriate in all circumstances following dissolution of marriage or legal separation,the law provides that, in most circumstances, it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor child(ren) of the marriage or relationship after the parents have separated or dissolved their marriage. In order to effectuate this goal when appropriate, the Courts urge parents to share the rights and responsibilities of child-rearing and to encourage the love, affection, and contact between the children and the parents. However, this does not necessarily mean that the parents will have equal parenting time with their child(ren).
In Colorado, the focus lies on facilitating a parenting arrangement that serves the child’s best interests while considering various factors unique to each family dynamic. This emphasizes flexibility and adaptability, encouraging parents to devise a schedule that suits the specific needs of the child(ren) and the family. When considering a post-dissolution or post-separation parenting time schedule, it is important to consider the child(ren)’s school schedule, summer break schedule, 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 the following:
- The wishes of the child’s parents as to parenting time;
- The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
- 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;
- Reports and testimony regarding domestic violence;
- The child’s adjustment to his or her home, school, and community;
- 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;
- The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except 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;
- Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
- The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
- The ability of each party to place the needs of the child ahead of his or her own needs.
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Decision Making
In Colorado, child custody courts emphasize the concept of decision-making as a fundamental right and responsibility of parents in determining crucial aspects of their child’s upbringing post-divorce. Following the dissolution of a marriage, the court has the authority to allocate decision-making responsibilities to one or both parents concerning significant matters like education, healthcare, mental health treatment, and extracurricular activities.
This allocation aims to ensure that the best interests of the child are prioritized and that both parents have a role in making important decisions that will impact their child’s well-being and future development. Our team of the best child custody attorneys in Colorado will work to help ensure that any decision-making arrangement is fair and equitable. There are two types of decision-making in Colorado:
- 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.
- 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.
If you are navigating child custody issues in Colorado, it’s important to consult with a knowledgeable attorney in the state to ensure that all aspects of child custody and decision-making are properly understood. At Nexus Family Law Group, our team of expert child custody attorneys in Colorado specializes in representing clients in child custody cases, providing expert guidance and support throughout the legal proceedings. We will ensure that your parental rights and responsibilities are protected and that your child’s best interests are factored into any court order.
Our Attorneys
Elizabeth Gregory
Member & Managing Partner
Yasaman Saeedasr
Member & Managing Partner
Frequently Asked Questions
Does the gender of the parent impact the allocation of custody and/or decision-making authority?
In determining parenting time or decision-making responsibilities, the court shall not presume that any person is better able to serve the best interests of the child because of that person’s sex.
How does domestic violence impact decision-making authority?
If the court finds by a preponderance of the evidence that one of the parties has committed domestic violence:
It shall not be in the best interests of the child to allocate mutual decision-making responsibility over the objection of the abused party or the legal representative of the child unless the court finds that there is credible evidence of the ability of the parties to make decisions cooperatively in the best interest of the child in a manner that is safe for the abused party and the child.
How Nexus can help
At Nexus Family Law Group, we understand the importance of family, and we’re committed to helping you achieve the best possible outcome in your child custody case. Our team of skilled attorneys has years of experience handling child custody matters in Colorado, and we’re dedicated to providing compassionate and effective legal representation to our clients.
Our team truly comprehends the significance of family dynamics and the emotional complexities involved in child custody cases. With a firm commitment to ensuring the best possible outcomes for clients, our leading child custody attorneys in Colorado offer a wealth of experience in navigating the intricate landscape of child custody disputes in Colorado. Our focus is on legal prowess and providing compassionate support to clients during challenging times.
Having honed our expertise through years of practice, our attorneys at Nexus Family Law Group are dedicated to delivering effective and personalized legal representation tailored to each client’s unique circumstances. Our mission is to guide clients through the legal intricacies of child custody cases with empathy, understanding, and a steadfast commitment to achieving positive resolutions. We can help you with all aspects of your child custody case, including:
Establishing or Modifying a Parenting Plan
When navigating the challenging process of divorce or separation, establishing a comprehensive parenting plan is crucial to ensure the well-being of your child. We can help you negotiate a parenting plan that clearly lays out the rights and responsibilities of each parent. This tailored approach takes into consideration the best interests of the child and aims to create a plan that is well-suited to the unique dynamics of your family.
Whether it involves deciding on specific arrangements, visitation schedules, or other important aspects, our team is dedicated to helping you reach an agreement that fosters stability and support for your child during this transitional period. We can also assist you with modifying an existing parenting plan to meet your child(ren)’s needs and the needs of your family if circumstances have changed.
Negotiating Custody Agreements
We can help facilitate an amicable custody agreement that prioritizes the child’s well-being if you and your former spouse/significant other are committed to working together. This can occur during an official Mediation scheduled with a qualified, certified Colorado Mediator, or through informal settlement discussions outside of an official Mediation setting. We focus on open communication and understanding to help guide your family through the negotiation process and reach a custody arrangement that is both practical and sustainable for the long term. As some of the best child custody attorneys in Colorado, our team works to foster a collaborative environment and advocate for the needs of the child to ensure that the finalized agreement not only meets the legal requirements but also promotes a positive and nurturing co-parenting relationship.
Representing You in Court
When the efforts to reach an amicable agreement with your former spouse have reached a standstill, it might become necessary to present your case to the court. We will represent your goals and the best interests of your child(ren), and ensure that your case is effectively presented to the judge. Our skilled legal team will ensure that your rights as a parent are protected throughout the legal process. We will skillfully advocate on your behalf in court, articulately presenting your stance and support it with sound legal arguments.
Our legal representatives understand the importance of safeguarding your parental rights throughout the legal proceedings. We are committed to helping you navigate the complexities of the legal system to secure a fair and just outcome for you and your child(ren).
Enforcing Custody Orders
Ensuring the well-being and best interests of a child during a custody battle is paramount, and it can be distressing when one parent fails to adhere to a custody order. We understand the importance of respecting custody orders to safeguard a child’s rights and maintain a sense of stability in their lives. If the other parent is non-compliant, we can intervene effectively on your behalf, ensuring that the custody order is upheld. Our team of the best child custody attorneys in Colorado will work to ensure that your child’s needs are being met and that the other parent is held accountable for their actions.
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