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:
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:
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.