Denver Child Custody Attorneys

Denver Child Custody Lawyers: Protecting Your Family’s Future

Navigating Complex Custody Cases With Strength and Empathy in Denver, Colorado

Child custody issues are among the most contentious parts of ending a relationship. When your child’s future is at stake, Colorado’s laws focus on doing what’s best for the child.

With your parental rights on the line, you need a Denver child custody attorney who can litigate on your behalf through bespoke legal strategies that do what’s best for your child, accounting for visitation and custody and parenting time. With empathy and compassion, we ensure that the best interests of the child are prioritized in line with Colorado law.

Your Denver family law attorney brings decades of family law leadership to the table to explain your rights, options, and responsibilities to ensure your child receives the best possible outcome that secures their future. Schedule your confidential consultation today with a Colorado child custody attorney who does take sides: yours.

What is Child Custody in Colorado?

Colorado defines child custody under the formal term of Allocation of Parental Responsibilities (APR). The APR framework is based on the most recent Colorado child custody laws and defines each parent’s role after divorce or separation.

Working with a child custody lawyer means it’s vital to understand terms like these whether you’re dealing with an initial custody agreement or modifying an existing one. The APR uses two core terms:

1. Parenting Time – A formal schedule defining when the child stays with each parent, informally known as physical custody.
2. Decision-Making Responsibility – The ability to make major decisions relating to a child’s welfare, such as to do with religion, health, or education. This is often referred to as legal custody.

Decision-making responsibility or parenting time in Colorado might be shared (allocated jointly) or given exclusively to one parent (solely). As always, the decision is made to serve the best interests of the child, and working with a custody lawyer in Denver ensures your arguments are heard loud and clear.

How Parental Responsibilities (Custody) Are Determined in Denver (Best Interests Standard)

C.R.S. § 14-10-124 is the law that deals with the concepts impacting the decisions in your custody case. Key to the final outcome is the “best interests of the child.”

It’s precisely what you expect: all determinations are made in a way that prioritizes the child’s safety, well-being, and development.

Key factors considered in deciding on the best interests of the child in Colorado include:

• Parental Wishes – Each parent’s preferences in relation to decision-making and parenting time.
• Child’s Wishes – If the child is considered mature enough, they may express their preferences, which the court will consider seriously; however, their wishes are not the sole determining factor in custody decisions.
• Parent-Child Relationships – Emotional bonds and interactions between a child and each parent.
• Adjustment – Adjustment looks at how well a child is acclimated to where they are now, which accounts for their home, school, and community. Ultimately, this part is about a child’s stability.
• Mental and Physical Health – Health status of both parents and the child.
• Parental Ability to Encourage Contact – The parents’ willingness to support healthy relationships between their child and the other parent.
• Past Involvement – The frequency and quality of each parent’s involvement in their child’s life to date.
• Proximity of Parental Homes – The distance between each parent’s home.
• Ability to Place Child’s Needs First – The ability of each parent to place their child’s needs above their own.

Colorado custody laws will take all these things into account when weighing up what’s best for the child. At all times, the child’s welfare and securing the best possible future for them is at the forefront of every decision.

Of course, as any experienced lawyer for child custody will tell you, the safety and welfare of children in custody cases comes first. Courts want children to have healthy relationships with both parents, but domestic violence, substance abuse, and other destructive behaviors will always cancel that desire out.

Types of Parental Responsibility Arrangements in Colorado

Decision-making responsibility and parenting time schedule in Colorado are decided independently under the framework of the APR.

For example, you may decide on joint decision-making responsibility but sole parenting time. Again, parents may agree or disagree, but courts will ultimately decide based on the best interests of the child.

At Jones Law Firm, PC, your custody attorney in Colorado will address each of these aspects in turn.

Decision-making responsibility is legal authority to make the big decisions in a child’s life before they come of age. Previously known as legal custody, this includes:

• Education – Where a child attends school.
• Health – Healthcare providers, treatments, and health insurance.
• Spiritual – Religious upbringing.
• General Welfare – Long-term planning, counseling, and extra-curricular activities.

Sole legal custody in Colorado is typically awarded when a parent cannot cooperate, poses a threat to the child’s well-being, or isn’t viewed as mature enough to make these decisions. If this occurs, one parent has full authority over all the major decisions without any input from the other.

If joint decision-making authority is awarded, parents are required to consult and agree on these big decisions. It’s generally the favored arrangement when both parents are equally involved in a child’s life, they can communicate effectively, and there’s no evidence of neglect or abuse.

Of course, if this occurs, parents may agree to split decision-making by topic. For example, if parents don’t share values on medical care but agree on schooling options or religion, a court may split the responsibility by category.

The second factor Colorado custody attorneys focus on is parenting time. This was previously known as visitation or physical custody and relates to when a child lives with each parent.

Primary parenting time is when a child spends fewer than 93 overnight stays per year with the other parent. Non-primary parents usually receive scheduled time, such as weekends, holidays, or supervised visits.

On the other hand, if both parents share parenting time for 93 or more overnight stays per year, this is considered a shared parenting time arrangement. One common example is a week-on, week-off schedule, where the child alternates spending one full week with each parent. Another possible arrangement involves each parent having the child for two days, followed by alternating five-day stretches.

Regardless of the chosen schedule, any agreement on joint physical custody in Colorado must include specifics to address issues like:

• Holidays
• School breaks
• Vacations
• Transportation arrangements
• Exchanges

Every case is unique, and this is why a bespoke legal strategy with a family law expert is critical in dealing with custody cases, even if your split was amicable and your relationship with your former partner remains cordial.

Remember, courts are not interested in equality on paper. They are only interested in what best supports the child’s long-term well-being. That’s why the concept of separate but connected decisions applies, whereby parenting time and decision-making responsibility are judged independently.

Modifying Existing Custody Orders in Colorado

Family dynamics change and children grow older. What was in the best interests of the child age five isn’t necessarily what’s in their best interests at age 14. Modifying child custody orders in Colorado is an option when the original order no longer matches up with present circumstances.

Whether you are seeking extra time with your child or you have turned your life around and want to play a more active role in making the big decisions, you have the right to request a change. Working with a custody lawyer in Denver ensures that your voice is heard.

The Colorado Revised Statutes §14-10-129 allows you to modify existing orders if there has been a substantial and continuing change in circumstances. In other words, life has happened and it no longer provides for the best interests of the child.

Two legal standards are used to decide whether changing an existing order is the correct decision:

1. General Modification – Most alterations, such as if you want to change parenting time in Colorado, need proof that there’s been a substantial change in the situation and a modification would benefit the child.
2. Endangerment Standard – On the other hand, changes that would adversely impact a parent’s parenting time or decision-making responsibility must show that the current order is a danger to the child’s physical health or ongoing emotional development.

Other rules are also in play. For example, you can’t change the primary residence more than once every two years without a direct danger for the child. Plus, expect courts to scrutinize the petitioner’s motives. Simply because a change would be more convenient for you isn’t sufficient grounds to alter an order.

So, how do you petition for a change to these legally binding agreements?

1. A Motion to Modify must be filed with the court responsible for issuing the original order.
2. If relevant, you’ll need to provide and exchange updated parenting and financial information.
3. The court may order mediation, which is an out-of-court dispute resolution method.
4. If no agreement can be reached, your case will be heard in front of a judge and make a final decision.

Custody orders impact the lives of your entire family, which is why it’s imperative to work with a qualified family law expert. Working with a custody attorney will help you navigate the legal process and provide the strongest possible case to increase your chances of a successful outcome that puts your child’s future first.

Relocation and Travel Under Colorado Law

What happens if you’re looking to move?

Relocating with children in Colorado and outside of Colorado is a highly sensitive and complex subject. Substantial changes to your geographical ties must be handled with sensitivity to protect the child and to avoid violating an existing custody order.

Courts don’t have the power to stop you from moving, but they do have the power to stop your child from moving with you if they believe it goes against their best interests.

If you’re planning to move, Colorado child relocation laws require parents with primary and joint parenting time to provide written notice to the other parent if it would impact the existing parenting schedule. Within the written notice, you must provide:

• Location of your new home.
• Reason for the move.
• A proposal for a revised parenting plan.

Written notices aren’t binding and can be rejected. If this happens, the parent who wants to move must file what’s known as a Motion to Relocate. Since they’re time-sensitive, they’ll be fast-tracked and a hearing held to decide whether the relocation is in the child’s best interests.

During this hearing, a court will consider the situation using these factors:

• Reasons for moving.
• Reasons for an objection.
• Each parent’s relationship with the child.
• Impact of the move on the child educationally, socially, and emotionally.
• Availability of health, educational, and recreational opportunities in both places.
• Extended family/support systems in each location.
• Whether a feasible parenting plan is possible to protect the relationship the child has with both of their parents.
• Substance abuse or domestic violence history.
• What the child wants, if they’re mature enough.

A court may approve or reject the motion. Alternatively, they might modify the parenting time access to offer more stability for the child.

Note that if international travel is involved, especially if it involves a country without a custody treaty with the U.S., court do have the ability to add safeguards, including:

• Travel consent affidavits
• Passport restrictions
• Court orders

If you’re worried about the potential for non-return or abduction, act immediately with the help of an attorney.

Navigating High-Conflict Child Custody Cases in Denver

The reality is that while many custody issues are eventually resolved between parents and their lawyers, others are vicious, toxic, and manipulative. False allegations and parental alienation are just some of the devious tactics parties use to hurt the other party, but it’s the child who ultimately suffers.

We have extensive experience in dealing with all manner of bad-faith strategies used in high-conflict custody in Colorado. These types of cases need an expert touch to break through the conflict and do what’s best for your child.

If you find yourself in these types of cases, the courts are on your side. We’ll help you gather evidence to deal with issues like:

• Parental Alienation – Where one parent attempts to damage or destroy the other’s relationship with the child. Parental alienation in Colorado is considered to be coercive control and emotional abuse and can take action, including modifying parenting time and holding the guilty party in contempt of court.
• False Allegations – Where a parent makes false accusations of abuse, neglect, and other bad behaviors to gain an advantage. You’ll need a Denver high-conflict divorce lawyer to refute these allegations through tactics like gathering objective records and character witnesses.

Family courts will always attempt to take the heat out of these cases. Neutral professionals might be appointed to deal with back-and-forth mud-slinging, including Parenting Coordinators/Decision-Makers (PC/DM) to resolve disputes, Child and Family Investigators (CFIs) to analyze family dynamics, and Parental Responsibility Evaluators (PREs) to conduct psychological evaluations.

High-conflict cases aren’t designed to resolve the conflicts between parents but to focus on the child’s well-being in spite of the bad blood.

Starting a Parental Responsibilities (Custody) Case in Colorado

The Denver child custody process starts with filing a Petition for Allocation of Parental Responsibilities (APR), regardless of whether you’re divorcing or you were never married in the first place. The only potential snag to be aware of is that the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) requires the child to have lived in Colorado for 182 consecutive days before filing in the Centennial State.

So, what are the basic steps you’ve got to follow for filing for child custody in Colorado?

• Step One – File an APR petition with a district court.
• Step Two – Allow the non-filing parent to be formally served.
• Step Three – Wait for a court meeting to b scheduled.
• Step Four – Both parents may request temporary custody orders to be put in place until a permanent order is decided on.

Note that if you’re unmarried, establishing paternity in Colorado is crucial. It can be done via a Voluntary Acknowledgement of Paternity (VAP) from the mother, a DNA test, or a court order that established paternity.

Child custody lawyers for fathers will warn you that default custody goes to the mother until paternity has been legally established.

Mediation and Alternative Dispute Resolution (ADR) in Custody Cases

Mediation is a voluntary form of ADR that we strongly recommend to avoid the heartache and stress of formal court hearings. Colorado custody mediation allows you to work confidentially with a neutral third party to reach amiable solutions on all custody-related issues.

Alternative Dispute Resolution (ADR) in family law is actively encouraged by family lawyers and the courts alike because it’s:

• Cost-effective
• Much faster
• More empowering for parents
• Totally confidential

Of course, it’s not suitable for everybody. Parents that simply can’t agree on anything are unlikely to benefit from mediation. However, if you’re looking for another form of ADR, there’s also collaborative law in Colorado.

Collaborative law allows both parties and their legal representatives to commit to dispute resolution alongside professionals like child specialists, therapists, and financial advisors without the courts intervening.

It’s a more holistic approach that delivers bespoke solutions while focusing on maintaining cordial relationships between the family unit. At Jones Law Firm, PC, we’re specialists in prepping and guiding our clients through ADR methods in a way that respects the challenges of separation while doing what’s best for your child.

Understanding Court Hearings and Trials in Denver Custody Cases

Without an agreement, your case will proceed to a formal hearing at a Denver family court. This is where a judge will hear arguments from both sides and take professional input to decide on the right course of action using the best interests standard.

Depending on where you are in the process, this might be a temporary orders hearing or a permanent orders hearing, known as the final hearing.

So, what can you expect at a child custody trial in Colorado?

• Each parent presents evidence, including school and medical records.
• Witnesses, like teachers, extended family members, and healthcare providers, will testify.
• Cross-examination opportunities.

In an ideal world, a formal court hearing wouldn’t be necessary, but for those situations that can’t be solved any other way, there’s Jones Law Firm, PC. With over 4,000 successful cases under our belts, we’re experts in navigating legal process and procedure and prepping parents just like you to fight for your child’s future.

Enforcing Child Custody Orders in Colorado

All court orders relating to decision-making responsibilities and parenting time are legally binding, but what happens if a parent makes a unilateral decision or denies your legal right to parenting time with your child?

Contempt of court in family law in Colorado is taken extremely seriously and there are several ways of dealing with violations, depending on how serious they are, including:

• Additional parenting time as compensation for time missed.
• Modification of existing orders.
• Mandatory parenting classes.
• Forced posting of a bond/security.

Willfully disobeying a court order allows the other parent to fill out a motion for contempt of court. These are serious and can lead to fines and even jail time.

It’s frustrating when your ex-partner doesn’t stick to the order, but avoid taking matters into your own hands because it will work against you, even if you feel like you’re in the right.

Turn to us for support in enforcing your custody order. With over 25 years of family law experience, you and your child are in the best possible hands.

Experienced Denver Child Custody Advocates: Meet Our Team

April D. Jones

Since 1991, April D. Jones has been fighting for families as an attorney-at-law. As the founder and CEO of Jones Law Firm, PC, she has handled complex child support cases, prioritizing client outcomes and ensuring the welfare of children across the Centennial State.

April is a leader in the Denver legal community, holding senior positions in the Sam Cary Bar Association, the University of Colorado Hospital Authority Board, and the Colorado Judicial Institute Board of Directors.

David Ari Collins

Since 2004, David has practiced as an attorney with his background in immigration, family, and criminal law. Through his experience working with and on behalf of children in the 1990s, including within the AmeriCorps program, David has a driving passion for supporting families and ensuring all children receive the start in life they deserve.

Hayley Hollands

Hayley stepped into the world of family law in 2016 after spending time honing her skills in Houston, Texas. She specializes in high-conflict cases, dealing with divorce and custody matters, including child support modifications and enforcement.

As an advocate for families across Colorado, she represents her clients’ best interests, aiming to reduce the adverse impact of separations and leave familial units with a positive impact as they step into the next phase of their lives.

Amber McClain

Amber brings a wealth of experience in navigating high-conflict custody disputes and complex parenting time arrangements. Known for her strategic thinking and compassionate advocacy, Amber is a dedicated ally for parents facing emotionally charged legal battles.

Her ability to communicate effectively with both clients and the court has earned her a strong reputation among Colorado families seeking clarity, resolution, and protection of their parental rights.

Hear What Past Clients Have to Say About Jones Law Firm, PC

Jones Law Firm, PC comes highly recommended by happy former clients. Our firm truly cares for our clients and we want to see you succeed. Our Denver child custody attorneys understand the difficulties you are going through, which is why we are here to help you every step of the way. Past clients appreciate our high level of commitment and our eminent success in the courtroom. Don’t take our word for it! Read through some of our client testimonials to hear what previous clients have said after working with our firm.

To hear more from some of our past clients, check out the client testimonials page!

Ready to Protect Your Family’s Future? Contact Us Today.

Establishing or modifying a custody agreement can be a complex process, taking anywhere from six months to a year depending on whether your case is contested or uncontested. The legal team at Jones Law Firm, PC, is dedicated to turning your objectives into a reality. We can help you obtain temporary orders to protect your interests and ensure your voice is heard in court.

With a qualified Denver family attorney from our firm fighting on your side, your rights will be protected. We understand how important family is and are committed to producing results, even during aggressive and complex litigation, so you can fight to keep your children close during this crucial time.

Call today for a free consultation to hire a Denver family lawyer at Jones Law Firm, PC for the trustworthy counsel you need and deserve.