Colorado no longer uses the term “custody.” Colorado law now refers to the “allocation of parental responsibilities” and breaks it down into two categories:
How much parenting time a parent will have with the children is decided by the Court by looking at the best interests of the children. While there are statutory factors to consider, allocating parenting time between parents also involves many factors which are unique to each family. If spending time with a parent is healthy for the children, then the Court will likely liberally grant parenting time. If spending time with a parent is not in the children’s best interest, then a Court may restrict that parent’s parenting time. In every case I work closely with my client to create a parenting time plan which is best for the parent and the children.
Decision making pertains to major issues affecting the minor child or children, including but not limited to medical, education and extracurricular activities. In limited circumstances, religious issues may be addressed. Again, the Court will look at what is best for the children. The Court will also examine how well the parents cooperate and communicate with one another, and how allocating decision making may impact the minor child. If the parties cannot work together to reach a decision for the children, the Court may allocate sole decision making to one parent.
It is important to have a specific parenting plan in place to act as a default plan in the event the parties cannot agree upon parenting time in the future. If you would like to discuss your situation please contact the Law Office of Lynne A. Weitzel, P.C. to schedule your initial consultation. I can be reached by phone at 303-395-4773 or by filling out my consultation request form.