For divorcing couples in Greenwood Village, child custody is often the most hotly contested issue on the table.
It’s not surprising that parents struggle to reach an agreement on who has primary custody but the courts in Colorado look for solutions that are in the best interests of the children.
Knowing what to expect and what the legal guidelines are for child custody in Colorado can help prepare you and your spouse for the tough conversations you will need to have on this topic.
The experienced child custody lawyers at Colorado Legal Group can help facilitate these discussions and guide you towards the best solution for your family.
A Successful Child Custody Agreement Starts With the Best Interests of The Child
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Types of child custody
In any discussion about child custody, it is firstly important to understand that there are two different types of custody.
There is physical custody and legal custody and these terms need some explanation.
Physical custody
Physical custody is about parenting time and belongs to the parent with whom the child spends most of their time.
When relationships end, it is almost impossible for both parents to spend exactly 50 percent of the time with the children, even if they would like to. If parents live close by after divorce, an approximately even split of time may be possible.
However, generally, one parent is referred to as having physical custody, meaning that the child normally lives with them.
This parent is responsible for caring for the child’s major day-to-day needs, including food, housing, getting to school, and so on, as well as the emotional and social needs of the child.
Legal custody
Legal custody is another matter. In Colorado, this is most commonly awarded to both parents and refers to who has the decision-making responsibilities with regards to the child’s upbringing.
Where both parents have equal responsibility, you may hear it referred to as “joint custody” though this term is not used in the Colorado courts. Instead, we use the term “parental responsibility”, which can be either “joint” or “primary”.
Legal custody is the right to make decisions on behalf of your child. The Colorado courts favor this responsibility being awarded equally to both parents wherever possible.
In such cases, both parents have an equal right to make decisions regarding key matters, such as:
- Education
- Religious upbringing
- Healthcare/dental
In a minority of cases, the best interests of the child are not served by the courts granting joint parental responsibility and one parent will take on the responsibility for such matters alone.
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Why do you need a child custody lawyer in Greenwood Village?
The outcome of a child custody “battle” is life-altering.
For most parents in Greenwood Village, the outcome of a child custody “battle” is life-altering.
The stakes are high and, if you and your ex-spouse cannot agree on the best way forward for your child, legal assistance is generally required to guide you towards a satisfactory outcome.
Even if you are in general agreement with each other about the best ways to serve the needs of your child after you separate, unexpected issues can arise.
The expertise of an experienced child custody lawyer can ensure that the agreement between you and the other parent comprehensively covers all necessary matters, will be accepted by the courts and is legally binding.
Your child custody attorney will know what is considered acceptable and “fair” to the courts in terms of:
• Parenting time
• Decision-making, and
• Emergency matters
Depending on your specific needs, we can assist with the following:
• Negotiating a comprehensive and equitable settlement covering all custody issues
• Drafting of court pleadings
• Liaising about case deadlines and procedural requirements
• Helping you navigate the court processes
• Dealing with professional evaluators in your case
• Gathering and presenting evidence in court
• Preparing for trial if no out-of-court agreement is reached
If your case remains contested and goes to trial, this is not a matter to consider tackling on your own.
As well as guiding you through the complex processes involved, your child custody attorney will be there to help you resolve any issues that arise once the custody arrangement is in place.
Can you modify a child custody agreement?
A child custody arrangement is legally binding and will be enforced by the courts. However, in certain circumstances, modifications may be necessary.
Children grow, lifestyles change, relationships develop, parents need to move interstate, and other circumstances change…
Regardless of the nature of the change, modification of an existing child custody agreement will involve working with your child custody attorney and returning to court.
The child’s best interests remain the primary deciding factor in whether a requested change will be granted by the court.
Grounds for requesting a modification may include the following:
• The child requests a modification to be made
• Either parent moves or changes employment
• Either parent remarries or has another child
• Both parents agree for the child to be integrated into the other parent’s home
• Either parent commits a crime or is considered to be a danger to the child
• Either parent or the child develops a serious health issue
Other circumstances may also warrant a change of an existing child custody order.
Speak to your attorney if your existing order no longer meets your child’s needs and you think you may have legal grounds for an amendment.
Need Help with Child Custody?
Call Colorado Legal Group at 720.594.7360 or get started with a complimentary case evaluation.
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Child custody lawyers in Greenwood Village
The legal team at Colorado Legal Group is experienced in helping families through child custody issues.
At this difficult time in your lives, the help of a seasoned attorney who has handled many custody cases can bring great peace of mind.
We can assist with drawing up the original agreement, preparing for litigation, or making important child custody modifications that better reflect your current circumstances.
Issues such as parenting time, visitation rights and decision-making for your child’s future are too important to be left to anyone but trusted professionals.
Need help with a child custody issue in Greenwood Village?
Call Colorado Legal Group at 720.594.7360 or get started with a free case evaluation.
How Can We Help?
Phone:
720.594.7360
Email:
info@coloradolegalgroup.com
Address:
1777 S Harrison St. #1050
Denver, CO 80210