In Colorado, Joint Custody and Decision-Making is the Norm
It's not usual for a father or a mother to come into our Denver law office and tell us they want sole custody of their children following their divorce. While sole custody is appropriate in some cases, Colorado judges typically prefer to order joint child custody and decision-making arrangements if in the best interests of the children.
At the Waters Law Firm, we represent both married and unmarried parents who face child custody issues. If you are concerned about child custody issues, we offer a free initial attorney consultation to answer your questions.
What does Joint Child Custody and Decision Making?
Joint child custody and decision-making go hand in hand. Child custody refers to where the child will live, and is also referred to as parenting time in Colorado. Decision-making has to with making decisions for education, medical care and religious upbringing. Everyday parenting decisions are made by the parent the child lives with.
Joint child custody does not mean that each parent will have the child 50 percent of the time. While a 50-50 parenting time arrangement is possible if the parents communicate well and both live in the same school district, in most cases, the child will live with one parent (the primary custodian) most of the time. The other parent (the visiting custodian) will have visitation rights according to a schedule such as every other weekend, one night during the week, a few weeks in the summer and split holidays.
In determining which parent should have the be primary custodian, court will consider factors such as:
- Who has been the primary caretaker of the child
- The child's wishes, if the child if mature enough to express them
- The interaction of the child with parents
- The child's adjustment to school and community (if one of the parents is moving)
- The ability of the custodial parent to share contact with the children
Can I Have Sole Child Custody?
While sole custody is unusual in Colorado, it is appropriate in cases where there is abuse or issues such as drug use that are not being addressed.
Effect of Parenting Time on Child Support
Your parenting time arrangement can affect the amount of child support that is paid after divorce. Colorado uses one worksheet if payer has the children 92 days or less, and a different worksheet if the payer has the child 93 days or more.
Learn how child custody and support can change after divorce.
Common law marriages and unmarried parents: Child custody and support are determined the same way for unmarried parents as they are for married parents.
Free Lawyer Consultation
During difficult times, it is helpful to talk to a lawyer you can trust. For a free initial consultation with attorney John Waters about child custody, call 303.731.6327 or fill out the contact form on this Web site.
