Experienced Denver Child Custody Lawyers

Child custody conflicts (now known as “parental responsibility” issues) are often one of the most difficult and emotional issues of divorce. Especially in more acrimonious divorces, children can easily become pawns in the battle between their parents. At the Denver The Law Offices of Rodger C. Daley and Associates, we do everything we can to ensure that any custody negotiations produce the result that’s in the best interest of the children. While determining exactly what a child’s “best interest” might be can be a murky process, we focus on taking the emotion out of the situation to come to a settlement that’s fair and sustainable to both parents while best protecting the children’s safety and well-being.

We believe that the best results are obtained in these matters when our advocacy is very thorough, both in our preparation and in the presentation of our clients’ positions to the court-appointed experts and to the court itself.

Parental Responsibility And Decision-Making

In Colorado, “custody” is now known as “parental responsibility,” and it pertains to the balance of time a parent spends with his or her children. Parental responsibility can be either primary or joint and determines where the children will live for what balance of time. Apart from “parental responsibility,” there is also “decision-making responsibility.” When a parent has this responsibility, he or she maintains the right to make important decisions about a child’s life; for example, about education, religion, vacation and other important issues. A parent, therefore, could have limited parental responsibility but still maintain decision-making responsibility.

Parental Responsibility In A Variety Of Contexts

Custody issues are not all the same and must be worked out in a number of situations, including:

• In the breakup of a marriage
• In a dispute between parents who have never married
• Between divorced parents subsequent to the dissolution of their marriage (post-decree)

Where paternity has been legally established, both parents have rights concerning their children. Historically, custody disputes would favor the mother when granting primary physical custody. This is no longer the case. In Colorado, the courts favor granting joint custody to parents, unless doing so is somehow to the detriment of the child. To find out more about your particular situation, contact us by calling 720-773-5708 or by contacting us online.

What Are The Different Types Of Child Custody Arrangements In Denver, Colorado?

When parents and courts create child custody arrangements, it is important to clarify each parent’s physical and legal custody rights:

• Physical custody refers to how often a child lives with a parent and a parent’s responsibility to meet their child’s daily needs.
• Legal custody refers to a parent’s right to make decisions on behalf of their child, such as with medical or educational matters.

There are two different child custody arrangements that can determine each parent’s rights and responsibilities. These custody arrangements include:

• Joint custody: Each parent shares some physical and legal custody responsibilities. Parents can rotate physical custody days based on a custody schedule. Parents can also share decision-making for their child’s best interests, safety and well-being.
• Sole custody: One parent is entirely responsible for a child’s daily care and decision-making. The other parent may still be entitled to visitation, however.

Our attorneys at The Law Offices of Rodger C. Daley and Associates can help parents learn about their child custody options, negotiate custody arrangements and represent parents in court.

Determining The Best Interest Of The Child

Many factors go into the decision about what constitutes the best interest of a child in a custody negotiation. Some of these factors may include:

• The parent’s preference
• The child’s preference
• Familiarity and comfort with a home, school or neighborhood
• The health of the child or parent
• Any history of parental substance abuse or domestic violence
• The distance of the parents’ homes from each other
• The child’s relationship with other people in either home
• Each parent’s willingness to provide a safe and supportive home

In certain cases where both parents are unfit because of issues involving substance abuse or incarceration, or where one or both parents are deceased, a relative such as a grandparent or even a third party outside the family may seek custody.

Parenting Time And Decision-Making Responsibility

The issue of how much parenting time (formerly known as “visitation”) each parent is entitled to have with the children is frequently the most important issue to be resolved in a divorce. Proper handling of this issue requires our attorneys to thoroughly understand and thereafter present all facts and circumstances that are relevant to a determination of the parenting time arrangement that is in the best interests of the children.

Moving Out Of State With A Child (Relocation)

Colorado law sets a demanding standard for parents seeking to relocate with their children outside the Denver area or beyond state lines. Courts recognize that moving can significantly disrupt the other parent’s time with the child and the established routine that serves the child’s stability.

If you wish to move with your child, you must provide written notice to the other parent at least 60 days before the intended move. This notice must include your new address, the reason for relocation and a proposed revised parenting time schedule. The other parent has the right to object. In any event, the parent seeking to relocate with a child must obtain court approval prior to any intended relocation.

When a parent objects to relocation, the court examines several critical factors, including:

• The reason for the proposed move and whether it is made in good faith
• The educational and economic opportunities available in the new location
• How the move will affect the child’s relationship with both parents
• Whether quality parenting time can be preserved through a realistic schedule
• The child’s preference, if they are mature enough to express one
• The impact on extended family relationships

The parent seeking to move carries the burden of proving the relocation serves the child’s best interests. Courts will not approve moves that appear designed to limit the other parent’s time or involvement. Distance matters considerably. A move within Colorado requires less justification than relocating to another state.

Regardless of your needs, we develop a personalized strategy tailored to your specific circumstances and advocate zealously on your behalf.

Child Custody Rights And Unmarried Parents In Denver, Colorado

Disagreements regarding parental rights and responsibilities or child custody arrangements can feel much more difficult to address at the end of a nonmarital relationship. Unmarried parents often feel much more confused about their rights and obligations with respect to their children.

In Colorado, unmarried parents need to establish a child’s parentage to create legally enforceable rights and obligations with  each parent. The simplest way to do that is for both parents to complete a Voluntary Acknowledgment of Parentage (AOP) at the hospital or via the Colorado Vital Records website to add the other parent to the child’s birth certificate. Failing that, it may be necessary to obtain a court order and genetic (DNA) testing.

Once legal parentage is established, either parent can ask the court for legal orders that set forth each party’s custody, visitation rights, and decision-making authority over critical issues concerning  the child’s medical, educational, and religious needs. In addition, the court can also make orders regarding each party’s child support obligation. If the parents  can amicably resolve all of the issues, the parents can  present their  agreement to the court for it’s approval.

It is essential to remember that all decisions which are made regarding parenting time and legal decision-making authority are based on the child’s best interests. Typically, the courts prefer to have both parents actively involved in their child’s life, unless there is evidence that one parent is unsafe.

Why You Should Choose The Law Offices of Rodger C. Daley and Associates For Your Child Custody Case

The team at The Law Offices of Rodger C. Daley and Associates has decades of experience helping parents navigate the allocation of parental rights and responsibilities. Since 1991, we have provided parents with guidance in what can be a highly emotional and contentious element of divorce. We also understand the unique challenges that unmarried parents face at the end of a relationship. Our dedicated attorneys and experienced paralegals are ready to guide you through a challenging time. We can help you identify what custody arrangements may be in the best interests of your child(ren) and develop an effective legal strategy to obtain the best possible results. We focus on the legal issues at hand so that our clients can stay focused on other aspects of their lives.

Frequently Asked Questions About Child Custody

How is child custody determined in Colorado?

Child custody is determined based on the best interests of the child. The court will consider a number of factors, including the child’s relationship with each parent, each parent’s ability to provide for the child’s needs and the child’s preference (if the child is old enough to express a preference).

At what age can a child choose which parent to live with?

Colorado law does not set a specific age when a child can choose their living arrangement. However, courts do consider a child’s preference as one factor in custody decisions. This preference carries more weight as the child matures.

Typically, courts give meaningful consideration to preferences expressed by children age 12 and older. If a parent wishes for a child to be able to express his or her preference, that parent should consider securing the appointment of a child and family investigator who can speak with the child pursuant to his or her investigation into whether or not the requested relocation is in the child’s best interest.

Is Colorado a 50/50 child custody state?

Colorado does not mandate a default 50/50 custody split. While courts favor arrangements that give both parents substantial and meaningful time with their children, the specific division depends on what serves each child’s best interests.

However, factors such as work schedules, school proximity, the child’s age and each parent’s involvement in daily care all influence the final parenting schedule.

What is the difference between legal custody and physical custody?

Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, medical care and religious upbringing. Physical custody refers to where the child lives on a day-to-day basis.

Can a child’s custody arrangement be modified?

Yes, a child’s custody arrangement can be modified if there has been a significant change in circumstances, such as a parent moving out of state or a change in the child’s needs.

Can a parent pick up the child and move?

No, a parent cannot simply pick up and move with their child in a way that would negatively affect the other parent’s custody and visitation rights. Generally speaking, the parent seeking to relocate must notify the child’s other parent and seek permission from the court.

What if parents can’t agree on custody?

Parents have the option to negotiate custody arrangements on their own. However, if parents cannot agree, the court will create a custody order on their behalf. The court will consider several factors when making custody determinations, all centered around the best interests of the child – not the parents’ needs or desires.

What happens if a parent makes false allegations?

If a parent falsely accuses the other parent of neglecting their child or refusing to share custody or other issues, it can negatively affect their own custody rights. The court may decide that a parent who does this is incapable of focusing on their child’s best interests.

Get Answers To Your Questions About Child Custody

Contact us online or call 720-773-5708 to schedule your free initial consultation with a family law lawyer.