Issues in Parental Responsibility Cases
The court addresses two major areas in parental responsibility cases: parenting time and decision-making authority. A Fort Collins courthouse will make these decisions according to the best interests of the child. Colorado’s parenting-plan process addresses both the schedule for parenting time and how important decisions affecting the child will be made.
Parenting Time
Parenting time refers to the amount of time that the minor child spends with each parent. Not only do the parties have to figure out the regular parenting plan and schedule, but they also need to determine pick-up and drop-off arrangements, the holiday schedule, and the vacation schedule.
Parenting time is evaluated separately from decision-making responsibility. The amount of time a child spends with each parent does not automatically determine whether decision-making authority will be joint or sole. Colorado courts consider the parents’ wishes, the child’s sufficiently mature preferences, the child’s relationships with parents and siblings, adjustment to home and school, the health of all involved, the parents’ ability to cooperate, proximity, past involvement, each parent’s ability to place the child’s needs first, and any history of abuse or neglect.
Decision-Making Authority
Decision-making authority refers to who gets to make significant decisions relating to the minor child.
Under Colorado law, there are four primary areas of decision-making:
- Educational decisions. Education decisions include such things as where the child goes to school, whether the child or children need to move up or down a grade, or whether they need special education services.
- Medical decisions. Medical decisions include decisions like who the child’s doctor is, who the child’s dentist is, whether the child needs an elective medical procedure, and what medications the child needs to be on.
- Religious upbringing. Religious decisions include choices about the child’s faith community participation and religious instruction.
- Extracurricular activities. Extracurricular activities can be any activities the children participate in after school, during summer vacation, and throughout the year outside of school.
A Fort Collins courthouse can order either joint decision-making authority or sole decision-making authority. If there is joint decision-making authority, both parties typically must agree on the decision before it is made. Colorado courts may also allocate decision-making jointly on some issues and individually on others, based on the child’s best interests and credible evidence of whether the parents can cooperate effectively.
If there is sole decision-making authority, one party makes the decision without needing the other party’s consent.
How Does the Court Determine a Child’s Best Interest?
The court will make its decisions on parental responsibility based on what it believes is in the best interest of the child.
The court starts with the assumption that frequent and continuing contact between each parent and the child is in the best interest of the child.
When determining the child’s best interest, the court will consider:
- The wishes of the child’s parents as to parenting time and parenting plan
- The wishes of the child if he or she is mature enough to make a reasoned and independent decision
- The relationship of the child to his or her parents or siblings
- The child’s adjustment to his or her home, school, and community
- The mental and physical health of all the individuals involved – though a disability alone is not a reason to deny or restrict parenting time
- The ability of the parties to share responsibility and time – though if a party is trying to shield their child from abuse, neglect, or domestic violence, a parent’s protective actions will not be considered
- Past patterns of involvement with the child that reflect time commitment, values, and mutual support
- The physical proximity of the parties to each other
- The ability of each parent to place the child’s needs above their own
- Whether one of the parties has been a perpetrator of child abuse or neglect
- Whether one of the parties has been a perpetrator of spousal abuse
Parents preparing for a custody case in Fort Collins may benefit from organizing proposed schedules, school and medical records, and communication history, along with any documentation relevant to the safety factors above. The weight each factor receives depends on the specific facts of the case.
Is Colorado a Mother State for Custody?
No, Colorado is not a mother state for custody. Family courts do not automatically favor a mother or father in child custody cases. Colorado law does not presume that either parent is better able to serve a child’s best interests based on sex, and the judge applies a gender-neutral standard when making parental-responsibility decisions.
Therefore, fathers have the same legal rights as mothers to fight for child custody.
Modifying Child Custody in Fort Collins
Child custody can be modified if it would be in the best interest of the child. Colorado provides separate procedures for changing parenting time and decision-making orders. A substantial parenting-time change may involve additional standards, such as changed circumstances, danger to the child’s physical health, significant impairment of emotional development, or a relocation that substantially changes geographic ties. Relocation disputes can also require the court to weigh the reasons for the proposed move, the objecting parent’s concerns, the child’s relationships, educational opportunities, extended family access, and whether a workable parenting schedule can be created. When a party fails to follow a custody order, contempt and enforcement proceedings may be necessary.
Supervised Visitation
Supervised visitation is when the child’s time with a parent must be supervised. The court in Fort Collins may order supervised visitation when the evidence indicates that parenting time could endanger the child physically or emotionally.
A judge may order supervised visitation if there are signs that the parent would abduct the child, if the parent has a history of abusive behavior, or if the parent has substance abuse issues.
There are many different ways the visit can be supervised. For example, the visit could take place at a supervision facility.
Alternatively, a friend, family member, or therapist could be present during the visit.
Contact Our Law Firm to Speak to a Fort Collins Child Custody Attorney
Navigating child custody and parental responsibility in Colorado can be very difficult. With so many factors at play, you need a dedicated child custody lawyer in Fort Collins on your side, helping you every step of the way. The child custody attorney at this law firm can help you through this challenging time for you and your family.
If you have questions about your child custody case, contact an experienced child custody lawyer serving Fort Collins today at (970) 293-8371.
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