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Formal agreements are often necessary when parents share custody. The welfare of the child and the ability of the parent to care for their child are important to determine when creating a custody agreement. There are endless possibilities for custody arrangements between parents. Some are used more often by the Colorado court system because of their effectiveness. The aim is to give shared children as much support as possible.
Unlike other states, Colorado does not use the terms joint and sole custody to describe parenting arrangements. The word “parental responsibility,” which might be primary or shared, is used by the court instead. Typically, the court views a parent as having primary parenting responsibility if they have more than 90 overnight visits with the child within a year. The court will consider a parent to have joint parenting responsibility if they, along with the other parent, spend an equal number of nights with a child.
Moreover, parenting time, akin to physical custody, and decision-making, similar to legal custody, are divided into two categories under Colorado’s child custody regulations. A parent has exclusive decision-making authority when they can decide all significant matters, such as the minor child’s schooling, religion, extracurricular activities, and health, without seeking the other parent’s input. When the parents are required to share decision-making duty, this is referred to as joint decision-making responsibility.
Although the court is tasked with upholding the best interests of a child during a custody case, with the evidence presented by both parents, the factors presented during the hearing can influence the court’s decision. The most prominent factors that play a large part in deciding child custody arrangements are as follows:
When proposing a specific custody plan, it is important to provide evidence supporting the claims made in the petition. Especially important in cases where one parent is looking to get primary parental responsibility for their child, presenting evidence that supports this claim is more than necessary for convincing the court. For example, suppose one parent typically instigates fights with the other parent, causing issues in properly caring for a shared child. In that case, any evidence of these communications is crucial for convincing the court to go for primary parental responsibility.
Colorado’s court system is engineered to encourage and support co-parenting as opposed to primary parental responsibility. The value of both parents having input on their shared child, especially when that child is younger and in need of more care from their parents, is critical for the court’s final custody decision. Although not all cases end in joint parental responsibility plans, the court will try to create these arrangements before moving to primary parental responsibility.
Of course, in situations that warrant one parent having primary parental responsibility over a child, with enough evidence, these may be granted. Suppose a current parental responsibility plan is not working for a child or a parent. For example, if a primary caregiver falls ill and cannot take care of their child due to their illness, they or their co-parent can file to become their child’s primary caregiver. In that case, existing orders can be modified in court with the correct filing procedures and the help of a child custody lawyer.
A: The word “parental responsibility” is used in Colorado and can be either primary or joint. Parents have shared parental responsibility if they split overnight visits with their minor children equally. The other parent is seen as having primary parenting responsibility if the other parent has fewer than 90 overnight visits with a shared child.
A: Judges in Colorado base their judgments on what is in the best interests of the child when a couple going through a divorce cannot agree on a custody plan and instead ask the court to decide on parenting arrangements. Colorado law acknowledges that having regular interactions with both parents and having both parents engage in child-rearing are typically in the best interests of the child.
A: The court shall consider the question of parenting time in any family law matter when the minor children of the parties are subject to its jurisdiction. The court will decide who the children live with, if the parents split parenting time equally or not, and how the precise parenting plan should be.
A: Depending on each unique situation, the exact steps a parent must take to request child custody in Colorado may vary. Regardless, they must first decide what parenting time and decision-making rights are best for their child, file a petition with the court, serve the other parent a subpoena about the filing, appear at the Initial Status Conference (ISC), then either prepare and notarize a parenting plan or attend a hearing.
Custody agreements can vary drastically based on parental separation situations and the financial factors affecting both parents; however, because the court recognizes the benefit of joint custody arrangements, they will prioritize these systems over awarding sole custody. If joint custody does not suit a certain childcare arrangement, speaking with a family law attorney to seek alternate custody agreements is possible. For any child custody questions, contact our team at Woody Law Firm, LLC today.