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The Child Custody Laws of Colorado

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    • Colorado considers the best interests of the child in child custody cases.Child image by Serenitie from Fotolia.com

      The mission of Colorado courts is to do what is in the "best interests of the child" concerning child custody and parenting time of the children of divorce, legal separation, annulment or a paternity case. In Colorado, the legal term for child custody and visitation is "parenting rights and responsibilities," according to the Colorado Divorce and Family Law Guide. Colorado laws and lawmakers urge both parents to be equally responsible in raising their children.

    Submit a Plan

    • In Colorado, both parents must submit a plan to the courts that outlines physical custody and visitation. The plan should also discuss decision-making responsibilities. If no plan is submitted in a child custody case, or if the plan that was submitted was denied, the Colorado court system will make a plan for you, which includes physical custody, visitation and decision-making responsibilities. Therefore, it is in everyone's best interest for both parents to submit a plan.

    Best Interests of the Child

    • When allocating parental responsibilities, Colorado laws make it mandatory to consider the best interests of the child first. The first consideration is what the wishes of the parents are. The court will next consider the wishes of the child as long as the child is mature enough to express a reasoned custody and visitation schedule. The interaction of the child with the parents and siblings and any other person who will affect the child is considered. Home, school and community adjustments are considered as is the mental and physical health of everyone involved in the child's life. (A disability alone will not deny or restrict parenting time.)

      Colorado courts will look at how willing each parent is to share the child and will encourage parents to encourage contact with the other parent. Each parent's past involvement with the child will be considered, including the value system each parent holds and how much time they have spent with the child. How close together the parents live factors when practical decisions concerning parenting time are made. For example, if the parents live one to four hours apart, it would not be in the best interest of the child to divide parenting time equally. An every-other-weekend scenario is more likely in those cases. Any past child abuse, spousal abuse or neglect will be considered as long as there is credible evidence. Colorado courts will also consider how much each parent puts the child's needs ahead of his own.

    Joint Custody Laws

    • Under Colorado family law, the parents generally share decision-making responsibilities. This is to prevent one parent from making all the major decisions for the child. Parents need to consult with each other on issues pertaining to health, education, religious upbringing and general welfare, but not on routine day-to-day decisions. If this is not possible, parents may need a parenting coordinator or a mediator.

    Relocation

    • Known as "removal from Colorado," this law prevents one party from removing the child from Colorado without permission from the other parent or from the family law judge. If a parent intends to relocate, that parent must give written notice, the location, the reason and a proposed revised parenting plan for consideration to the other parent. The judge then decides at a hearing.

      Relocation is not just for moving out of Colorado; it can also be relocating within the state if the relocation will mean 45 minutes or more of travel time to get to the other parent. This only becomes a factor when parents share the child on school nights.

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