Colorado Child Custody and Child Visitation

Families may face many difficult decisions, but often Colorado child custody and child visitation issues arise. Colorado courts hope that families can amicably address issues of child visitation and child custody, but they will intervene when a compromise cannot be reached. The information below will provide a basic discussion of child custody and child visitation in Colorado. It is highly recommended, however, for you to obtain a Colorado child custody lawyer when going through child custody and child visitation proceedings in Colorado.

Colorado Child Custody

Colorado courts decide whether one or both parents will obtain child custody using the presumption that it is in the child's best interests to encourage frequent and continuing contact between the child and both of his or her parents. That being said, a number of factors are assessed when deciding a child custody appointment that is in the child's best interests. These factors include (but are not limited to) the following:

• The child's parents wishes
• The child's wishes, if he or she is mature enough
• The child's interaction and relationship with each parent
• The child's adjustment to his or her home, school, and community
• The mental and physical health of all individuals involved (keeping in mind that a disability alone cannot deny a parent custody)
• The ability of each parent to facilitate a b relationship between the child and the other parent
• Whether each parent's relationship with the child in the past shows a system of values, time commitment, and mutual support that will promote a positive and healthy relationship with the child in the future
• Whether each parent has a history of domestic violence or sexual abuse

In determining the child's wishes, the court may interview the child in the judge's chambers. A record of the interview will be made and used during the child custody proceeding.

Any conduct by a parent that does not affect that parent's relationship with the child is not to be considered by the court during child custody proceedings. Additionally, courts do not give a custody preference to either parent because of his or her sex.

Child custody proceedings require extensive knowledge and understanding of Colorado child custody law and the function of child custody proceedings more generally. As such, you should not go through child custody proceedings without the help of a Colorado child custody attorney.

Colorado Child Visitation Rights

Colorado child visitation rights outline a noncustodial parent or nonparent's right(s) to visit and spend time with a child. Colorado courts approach child visitation rights by awarding rights in accordance with the best interests of the child. The best interests of the child in Colorado are determined by assessing the same factors used to decide custody (provided above). Generally, a noncustodial (without custody) parent will be granted reasonable visitation rights unless granting such rights would endanger the child's physical well-being or significantly impair the child's emotional development.

If a custodial parent desires to move to a place that substantially changes the geographical ties with the other parent, then a court hearing on the modification must be swiftly granted. During this hearing, the Colorado court will consider a number of factors in deciding whether to grant the relocation. These factors include:

• Whether a parent has been a perpetrator of domestic violence
• The reasons why the parent wishes to relocate the child
• The history and quality of each party's relationship with the child since the original custody/visitation order
• The educational opportunities for the child at the existing location and at the new proposed location
• The presence or absence of extended family at the existing location and at the new proposed location
• The advantages of the child continuing to live with the custodial parent
• Whether and how the visitation rights of the noncustodial parent will be affected
• Any other factors affecting the best interests of the child

Once parenting child visitation rights are granted through the creation of a parenting plan, the parenting plan may not be altered unless the alteration is necessary in order to continue to serve the child's best interest.

One should consult a Colorado child custody lawyer with experience working on Colorado child visitation rights when going through child visitation rights proceedings.

Colorado Statutes

1. Colorado Child Custody

1. Tit. 14, Art. 10 §§ 14-10-124, 14-10-131

2. Colorado Visitation Rights

1. Tit. 14, Art.10 §§ 14-10-124, 14-10-129