Negotiating child custody in a divorce or in an action for Allocation of Parental Responsibilities under Colorado law is one of the most emotionally charged and difficult situations to go through for those who have children. Although both parents are ready to end the relationship, it doesn’t mean they want to spend less time with their children.
At Halligan LLC, we understand how overwhelming the child custody process can be. Our Denver child custody attorneys have helped families protect the well-being of their children and resolve custody, visitation, and decision-making disputes. Our goal is to achieve a fair outcome for everyone involved and provide legal guidance every step of the way. Contact us for a free consultation.
Allocation of Parental Responsibilities
Under Colorado law, the allocation of parental responsibilities (“APR”) determines each parent’s rights after a divorce or in an action for Allocation of Parental Responsibilities. APR includes parenting time, the days/times (including holiday schedules) each parent spends with the child, and who will make major decisions for the child.
Here are just some of the ways that orders allocating parental responsibilities can affect your family during a divorce:
Child’s Well-Being
In Colorado divorce cases involving children or APR cases, the court’s primary concern is the best interests of the child in all decisions related to parenting time, and decision-making responsibilities.
Colorado law requires judges to consider the wishes of the parents, the wishes of child(ren) (if they are mature enough to express reasoned preferences), the relationship between the child and each parent, the need for adjustment to new schools and neighborhoods, the mental and physical health of all involved parties, and each parent’s ability to encourage a meaningful relationship with the other parent, the physical proximity of the parties, and the ability of the parties to place the needs of the child(ren) ahead of their own.
The court also examines any history of domestic violence, child abuse, or substance abuse.
Colorado courts maintain that children benefit from continuing contact with both parents (when it is safe and appropriate) to support healthy child development. The state uses the term “parenting time” rather than visitation rights, emphasizing that both parents play a role in their children’s lives.
The emotional and psychological well-being of children remains central to Colorado’s family law approach, with courts recognizing that divorce proceedings can be stressful for children. Judges may order parenting classes, appoint child and family investigators, or require mediation to help parents develop cooperative parenting strategies that minimize conflict and protect children from being caught in the middle of disputes.
In some cases, courts may appoint a guardian ad litem or the child’s legal representative to advocate specifically for the child’s interests. Colorado law also allows for parenting plans to be modified as children grow and their needs change, ensuring that court orders remain responsive to children’s evolving developmental needs.
Living Arrangements and Decision-Making
Living arrangements determine how the child’s time will be divided between parents after the divorce. When creating parenting plans, judges consider the proximity of each parent’s home to the child’s school and each other, the work schedules of each parent, and the child’s extracurricular activities. Courts also evaluate each parent’s involvement in the child’s care.
A divorce proceeding and APR cases also determine who will make major decisions (decision-making authority) for the child concerning physical health, mental health, education, and religion.
Courts can allocate decision-making jointly (joint decision-making), to one parent (sole decision-making), or each parent can be awarded sole decision-making in different areas.
Types of Child Custody in Colorado
Colorado is unique, as unlike other states, Courts do not use the terms sole or joint custody. Rather, the term parenting time is used. Parenting time is a term used to describe which parent is exercising time with the child(ren), on which days, and at what times.
Depending on the circumstances, parenting time can vary between equal arrangements, providing each parent with 50/50 time with the child, or, in other situations, particularly if there are concerns about safety or stability, parenting time might be supervised or more limited for one parent.
Modifying Existing Child Custody Arrangements
Life is unpredictable, and circumstances change. If you or your ex-spouse/partner have gone through changes that affect your ability to uphold the original child custody agreement, a modification may be necessary.
Modifications could include relocation, changes in employment, a parent’s ability to care for a child due to health issues, changes in the child’s needs, or the safety and well-being of the child.
If one of these conditions applies to your case, the family law attorneys at Halligan LLC stand ready to support you.
Visitation Rights
Visitation rights, or parenting time, are determined by the court based on what is in the child’s best interest. This could include regular visits, overnight stays, and even vacation time. In some cases, if it’s in the child’s best interest, visitation may be supervised by an agreeable or court-ordered third party or at a designated visitation facility.
Child Custody in Domestic Violence Cases
Family law cases involving domestic violence require a delicate and precise approach. In Colorado, the courts take allegations of domestic violence very seriously when it comes to determining parenting time arrangements.
If there is evidence of domestic violence alleged against one parent, it can impact that parent’s rights and ability to have unsupervised contact with their child. In some cases, the court may order supervised visitation or even deny visitation rights altogether.
At Halligan LLC, we have extensive experience dealing with child custody cases involving domestic violence. We understand the gravity of these situations and are committed to ensuring your child’s safety while advocating for your rights as a parent.
Parental Responsibilities Evaluations
Parental Responsibilities Evaluations (PREs) may be a necessary part of the child custody process in Colorado. A PRE is an assessment completed by a court-appointed evaluator (usually a mental health professional) to determine what is in the best interest of the child.
It can include interviews with parents, children, and other relevant parties, home visits, and a review of pertinent documents.
A parental responsibilities evaluator will consider the child’s adjustment to home and the community, the child’s as well as the parents’ mental and physical health, how each parent can prioritize the child’s needs over their own, if there are any underlying risks and more. The evaluator will then provide the court with a detailed parenting plan.
At Halligan LLC, we help you prepare for evaluations so you don’t feel cornered or unprepared when under scrutiny.
How Our Denver Family Lawyers Can Help
Legal custody disputes can be emotionally draining and complex. Having an experienced Denver child custody attorney by your side can make a huge difference in the outcome of your case. At Halligan LLC, we can help you navigate Colorado’s child custody laws and ensure that your child’s best interests are protected.
Our Denver family law attorney, Gavin Halligan, has years of family law experience and is ready to help you navigate this challenging time with confidence and peace of mind. Whether you’re just starting the divorce process or need to modify an existing custody agreement, we can provide the legal support you need.
We know that every family is different, and we approach each case with a fresh perspective and a strategy that aligns with your specific circumstances and goals. Contact us today to schedule a consultation to discuss how we can help with your Colorado child custody issue.
Colorado Child Custody FAQs
Can I refuse visitation if child support is not paid in Colorado?
The domestic relations court considers parenting time and child support to be separate issues. A parent cannot deny time because child support has not been paid. If the other parent is not paying child support as ordered by the court, the other parent may seek legal representation rather than deny visitation.
What does the child’s best interests actually mean?
The best interests of the child mean that all decisions regarding custody and visitation will be based on what is most beneficial for the child’s mental and physical well-being. Factors considered include the, wishes of the children (if they are sufficiently mature enough to express a reasoned opinion), the wishes of the parents, the interaction and interrelationship between the child(ren) and his or her parents, siblings, or others, any report related to domestic abuse or child abuse, the child’s adjustment to his or her home, school community, the mental and physical health of the individuals involved, ability of the parties to encourage the sharing of love, affection, and contact between the child and other party, positive history of involvement of the parties with the child, physical proximity of the parties, and the ability of the parties to place the needs of the child(ren) ahead of their own.
How do Colorado courts decide child custody?
When determining child custody or allocation of parental rights, Colorado courts focus on each parent’s ability to provide for the child’s needs, the child’s relationship with both parents, and each parent’s role in the child’s upbringing.
What is the difference between legal custody and physical custody?
In Colorado family law, legal custody (or decision-making responsibilities) refers to a parent’s right to make major decisions about the child’s life, including education, medical care, and religious upbringing. Physical custody, on the other hand, deals with where the child lives and the parenting time schedule. The allocation of parental responsibilities covers both aspects and is determined by the court or through a parenting plan agreed upon by the parents.
Can a Denver child custody lawyer help with modifying a custody order?
Yes. A Denver child custody lawyer can help parents request changes to an existing child custody order if there has been a substantial change in circumstances. This may include relocation, changes in the child’s well-being, or issues involving the other parent. Modifications must go through the Colorado domestic relations courts and comply with state requirements to protect the child’s best interests.
How does domestic violence affect custody decisions in Colorado?
Domestic violence often impacts parenting time and decision-making in Colorado. Judges must consider whether a parent poses a risk to the child’s safety and well-being and if the parties are able to make decisions jointly in the best interests of the child. In such cases, the court considers protective measures such as supervised visitation or restricted parenting time, or sole decision-making over joint decision-making.
What happens to child support during the divorce/APR process?
During the divorce process or APR cases, child support payments are calculated based on each parent’s income, the parenting plan (overnights with the child), and the child’s basic needs. The goal is to maintain stability in the child’s life after separation. A Denver family law attorney can help you fight so that child support obligations are fair, accurate, and in compliance with Colorado law. Additionally, child support is a right of the child in Colorado; the parties are generally unable to agree to waive it.
Do I need a Denver family law firm for custody disputes?
Experienced family law attorneys can help parents understand parental rights and the legal process. Whether negotiating a child custody agreement or appearing before the Colorado courts, our family lawyers aim to reach resolutions that protect your child’s interests while reducing conflict between parents.
What should I do if one parent refuses to follow the custody agreement?
If one parent fails to comply with a child custody agreement or court order, you can file a motion with the Colorado courts to enforce it. A child custody attorney can help you document violations, file the necessary motions, and advocate for enforcement in a timely manner. In some cases, repeated violations can lead to changes in parental responsibilities or parenting time.
