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Child Custody Lawyer/Attorney in Colorado

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Allocation Of Parental Responsibility

With the ever-changing dynamics of personal relationships and preferences in our society, significant legal adjustments in laws have had to be made to accommodate the new social structure.  When parties are not married, but have children, the Court must allocate the decision-making responsibility and parenting time amongst the parties.  Colorado makes provisions to share the responsibility of making important decisions with regard to the child's upbringing.  Once more, based on the best interests of the child, the decision-making responsibility is shared.  Factors affecting this include: Whether or not the parents are able to cooperate and co-parent Whether or not one of the parties has perpetrated child or spousal abuse.

The Court requires both parties in the case to present a joint plan for the division of responsibilities.  If such a plan is not submitted, or if the Court finds that the submitted plan is inadequate, the Court has the authority to put forth its own plan to serve the same purpose.  The Court may also order the parties to cooperate by participating in "mediation" which is a settlement conference in the presence of a thirty party mediator.  A mediator is typically an attorney or other experienced professional engaged by the parties to try and resolve the issues.    

Child Support 

One of the most sensitive and emotionally-draining aspects of a Divorce or an Allocation of Parental Responsibility action is the issue of Child Custody.  The Colorado courts have recently removed the term "Child Custody" and have replaced it with "Allocation of Parental Responsibilities."  This was to promote the view that the child in question wasn't part of the property to be divided up between the parties.

The Court needs to decide how parents will share the responsibility between them in such a way that the child's best interests are looked after.  There are several determining factors for "Best Interests." 

Factors Affecting Parental Responsibility Allocation

The Court might decide to allocate parental responsibility and decision making equally between parents, giving the parents joint rights with regard to their children, or it might allocate some responsibilities to one or the other.  However, it is important to note that Colorado law makes some important assumptions with respect to child custody.

Some factors in Colorado Law that affect the determination of Parenting Time include:

  • The wishes of the child.
  • The past relationship of the child with either parent.
  • The physical proximity of the parents to each other.
  • How firmly the child is already entrenched in a particular environment.

Even though factors like disability do play a role, it is not enough to consider disability alone as a reason to deny parenting time.

Hiring a Child Custody/Support Attorney

As you can see, Colorado law is very complex and detailed when it comes to determining Child Custody cases. Our Clawson & Clawson, LLP, attorneys are able to put forward those points that are relevant to the case and will strike a cord with the courts. Understanding which arguments work and which arguments do not is the key to winning a case, and our attorneys have a lot of experience with these types of cases and are well versed in this type of law.  A Clawson & Clawson, LLP, attorney can make sure that your interests and your children's interests are protected.  Contact our attorneys now.
 

FREE INITIAL CONSULTATION

To contact our attorneys in the Colorado Springs, Parker/Denver and Pueblo areas for a consulation regarding your Family Law needs, click here, or you can reach one of our offices at their respective telephone numbers listed on this website.