Divorce is an emotionally and legally challenging prospect when spouses share children. Colorado law requires parents to adhere to the court’s legal requirements for child custody, including shared parenting time schedules or primary custody for one parent and visitation rights for the other.
When disputes arise over child custody during a Denver divorce, the parents must present their arguments to the judge. Family courts in Colorado do not make decisions based on a parent’s gender. Instead, judges make all decisions in the best interests of the child, including for visitation rights in Denver divorce cases. Speak to an experienced child custody attorney in Denver, CO for a free case evaluation with a legal professional today.
Family courts in Colorado prioritize a child’s best interests in all decisions. Never is this standard more important than in child custody cases. Under Colorado § 14-10-124. Best interests of child, the law states the following:
“ While co-parenting is not appropriate in all circumstances following dissolution of marriage or legal separation, the general assembly finds and declares that, in most circumstances, it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage. In order to effectuate this goal when appropriate, the general assembly urges parents to share the rights and responsibilities of child-rearing and to encourage the love, affection, and contact between the children and the parents.”
Under this standard, continued close contact with both parents is presumed to be in the child’s best interest; however, this presumption is rebuttable. If one parent believes that continued close contact with the other parent is not in their child’s best interest, they must present evidence demonstrating this in court.
After a judge hears both sides, the judge makes a decision based on evidence, testimony, and sometimes an investigation by a neutral third party.
When spouses with children file for divorce or unmarried parents seek a custody agreement for co-parenting their child, the court requires a court order with an enforceable child custody schedule. Divorcing parents have two options for moving forward with child custody.
If they communicate and compromise effectively, and each parent trusts the other to provide a safe, stable environment for their child, they can craft a shared custody schedule for 50/50 child custody or close to equally shared custody. If this does not work well for one parent’s work schedule or proximity, they may also choose for one parent to have the children for the majority of days while the other parent has a visitation schedule, such as every other weekend, half of summer vacation, and alternate holidays.
Regardless of the schedule, if both parents agree to the custody arrangement, they can sign their chosen parenting schedule into their divorce settlement agreement. In most cases, a judge will sign the parents’ agreement into binding, enforceable child custody orders.
If the parents cannot agree to a child custody schedule, or one parent believes that the other parent cannot provide a safe, nurturing environment for the child, they must take the case to court and present their arguments and evidence to the judge. The judge carefully considers all evidence and testimony from both sides before making a decision.
When parents feel that they can communicate and co-parent effectively after the dissolution of their marriage, they have the option of choosing “reasonable visitation” over “fixed visitation.” When one parent has primary custody of the children and the other parent has reasonable visitation, it’s an open-ended agreement allowing the parents to decide together when and how to share their children.
This is only effective when both parents agree to discuss their schedules and continue to remain flexible as they co-parent. Often, reasonable visitation also includes a right of first refusal clause requiring the parent with primary custody to give the other parent the right to care for their child if the parent with primary custody needs childcare during their scheduled parenting time.
Unlike reasonable visitation orders, fixed visitation in Colorado is structured, with a parenting plan for the parent with visitation rights detailing when they have the responsibility for caring for their children.
Colorado offers many parenting schedules that suit different family situations, depending on the age of the children, the proximity of both parents’ homes, and other factors. Fixed visitation ranges from close to 50/50 shared parenting to a schedule where one parent has primary custody and the non-custodial parent has visitation rights every other weekend, Wednesday evenings from after school until after dinner, and alternating holidays and school vacations.
If a Colorado family court finds that one parent cannot provide a safe, nurturing environment for their children or is a possible danger to their child’s physical or emotional health, the judge may order supervised visitation. With supervised visitation orders, the non-custodial parent has scheduled visits with their children, which take place in a safe environment with a neutral third party present throughout the visit.
The neutral observer ensures the children’s safety and may intervene if necessary to protect the children from physical or emotional harm. They also keep detailed notes and reports on what transpires during every visit.
Supervised visitation may be temporary and subject to modification, for instance, if the parent with supervised visitation rights completes a drug or alcohol rehabilitation program, anger management, or parenting classes.
When parents are unmarried, the presumptive father must first establish paternity before a court will grant visitation rights. Once a court-ordered test at an approved laboratory establishes paternity, the child’s biological father has full parental rights, including visitation rights. They also have a legal obligation to support their child through Colorado’s income shares model for determining child support.
Child custody and visitation rights in a Denver divorce case are the most important aspects of a divorce case for parents, with life-altering impacts on their family. For this reason, it’s crucial to hire an experienced attorney to help you achieve your desired outcome, and one that meets the court’s standard of a child’s best interest. Call our empathetic Denver family attorneys at Ciancio Ciancio Brown, P.C. for experienced representation in your Denver child custody case.
