Child Custody Attorney in Denver
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Your child is precious and deserves to grow up in a safe and stable environment. If child custody issues are disrupting your life and threatening your child’s right to stability, turn to the family law team at Jorgensen, Brownell & Pepin, P.C.
With over 30 years of experience, we will ensure your child’s best interests are served while helping you reach the best possible outcome—one that is custom-tailored to the needs of your unique family dynamic. Contact us today!
A Closer Look at Colorado’s Approach to Parental Responsibility
While other states typically use the phrase “child custody” when discussing legal living arrangements for children, Colorado adopts a more nuanced approach. In our state, the court uses “parental responsibility” to reframe how families think about child custody cases.
In Colorado, “parental responsibilities” generally encompass three primary areas:
- Decision-making authority
- Parenting time
- Child support
This framework encourages parents to share parenting time to maintain stronger parent-child relationships. Parents will also likely share decision-making duties and responsibilities, except in cases where the child’s safety and welfare are at risk.
Custody Arrangements: What to Expect
Every child custody case is unique, which means that outcomes vary with each family. Ultimately, the court aims to evaluate your circumstances and find the best possible arrangement for the child.
One of the most common outcomes is that one parent receives sole physical custody of the child while both parents have legal custody. This arrangement means that the parent who does not have physical custody is typically granted parenting time, allowing them to spend time with the child according to a schedule.
However, there are several factors that come into play under Colorado law, including:
- A child’s preferences: The child’s wishes are taken into account—particularly if they are of age to make reasonable and informed choices
- Level of adjustment: The court also considers how well children adjust to their surroundings: whether they feel comfortable and secure in their communities, schools, and at homes
- Mutual respect between parents: Parents’ ability to communicate and their willingness share responsibilities also impacts custody decisions
- Location: How far away parents live from each other can also influence the practicality of shared custody or parenting time schedules
- Parent-child relationship dynamics: The court may also consider the strength of the emotional bonds between parent and child or the child and relative
- Parental involvement: Additionally, the court may consider the parents’ involvement in the child’s life—both financially and emotionally
Frequently Asked Questions
What are the differences between custody and shared responsibility?
The Colorado legislature created a statutory framework that no longer uses the term "custody" to provide less of a sense that one parent has "won" or "lost" custody of the children.
Most cases involving children result in some shared allocation of parental responsibilities between parents. A parenting time schedule for shared parenting time with each parent and joint decision-making on major decisions for the children is the most common outcome in cases involving children.
The idea of "sole custody" is often asked about, but allocation of parental responsibilities solely to one parent is usually limited to extreme cases of imminent threat of harm to a child or complete non-involvement of a parent.
How can I modify a child custody agreement?
You will need to demonstrate that there has been a significant change in your circumstances or the child's since the last agreement was established. This could include a job change, moving to a new location, or adjustments in your child's needs.
Our family law attorneys are adept at navigating these complex situations. We will work hard to ensure the focus remains on how these changes serve the best interests of your child.
How is custody determined in Colorado?
When making an initial child custody determination, Colorado courts will consider the "best interests of the children" to determine what parenting time and role in decision making each parent will have.
There are no set rules on who will automatically get custody of the children. This means that gender is not factored into the decision, and the mother is not automatically favored when it comes to obtaining custody. There are statutory factors that the court must consider when awarding parenting time and decision-making authority to parents.
How do courts handle parenting time for the primary parent?
The court's priority is to maintain the child's relationship with both parents, provided it's in the child's best interest. Parenting time is tailored to encourage a meaningful relationship with the non-custodial parent. Our lawyers will work with you to develop a parenting time plan that respects your family's unique circumstances while focusing on the child's well-being.
Can my child choose which parent to live with?
While a child's preference is considered, it's one of many factors the court weighs. The significance given to this preference depends on the child's age and maturity. It's a delicate balance to ensure the child's voice is heard without placing undue pressure on them during the custody process.
Jorgensen, Brownell & Pepin, P.C.: Three Decades of Family Law Service
Whether you are navigating the complexities of divorce, adoption, property division, custody issues, or other family law matters, the legal team at Jorgensen, Brownell & Pepin, P.C. is here to assist you. With over 30 years of experience, our expert legal team is here to guide you toward the best possible outcome and ensure your voice is heard. Contact us today!
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