If you are facing a custody issue, you may have several questions. Some of your concerns may be whether you will get equal time with your child, how judges decide parenting time, and decision-making. For many parents, this process can feel overwhelming given the stakes. In Colorado, child custody is now referred to as the allocation of parental responsibilities. When judges are deciding on this, the focus is never on one parent winning over the other. Instead, courts base the outcome of the case on what serves the child’s best interests. That may sound straightforward, but in practice it involves considering several factors, including family dynamics, parenting history, and each parent’s ability to care for and support the child. At Jones Law Firm, P.C., we understand how emotional custody issues can be, and we help parents understand how these decisions are made and what factors matter when the court is determining parenting time and decision-making.
Understanding Colorado Custody
One of the first things to understand is that Colorado replaced the term “custody” with “parental responsibilities.” Parental responsibilities include two main elements: parenting time and decision-making responsibility.
Parenting time, previously called physical custody, refers to the time the child spends with each parent. While many parents assume this must be a 50/50 split, that is not always the case. Arrangements must best support the child’s routine and stability.
Decision-making, formerly known as legal custody, refers to who has the authority to make major choices in the child’s life. This includes decisions about education, healthcare, religion, and extracurricular activities. Depending on the circumstances of the case, decision-making responsibility may be assigned jointly to both parents or to one parent.
The “Best Interests of the Child” Standard
Every custody decision in Colorado is based on the “best interest of the child” standard. According to C.R.S. § 14–10–124(1.5) (a), courts must allocate parent responsibility in a way that prioritizes the child’s emotional, physical, and developmental needs. Essentially, rather than trying to split time evenly just to be fair to parents, judges focus on what arrangements will allow the child to thrive.
Even when parents reach an agreement, the court must still review it to ensure the plan supports the child’s well-being. So how do judges make that determination? That is where specific factors come into play.
How Judges Determine Parenting Time
When determining parenting time, courts consider several factors, as discussed below.
Relationship Between the Child and Each Parent
Judges consider emotional bonds, consistency, and the level of involvement each parent has had in each child’s daily life. For example, a parent who has been more present in school, healthcare, and routines may be seen as a more stable presence.
Willingness to Support the Child’s Relationship With the Other Parent
Courts highly value cooperation between parents. A parent who encourages a healthy connection with the other parent is generally viewed more favorably than one who creates conflict.
Child’s Adjustment
The court also considers the child’s adjustment to their current environment. This includes school, community, and daily routines. Since stability is essential, if a child is doing well in their current setting, the court may try to minimize disruption.
Health
Health is another key consideration. The mental and physical well-being of both the parents and the child can influence the outcome of the case, especially if it affects a parent’s ability to care for the child.
Past Caregiving Roles
Here, judges will ask a few questions. For example, who handles day-to-day responsibilities? Who attended doctor’s appointments or school meetings?
Safety
Any history of abuse, neglect, or domestic violence is taken seriously and can significantly impact parenting time decisions.
Child’s Own Preferences
Finally, in some cases, the child’s own preferences may be considered. This often happens if the child is mature enough to express reasoned opinions and communicate independently.
How Decision-Making Responsibility Is Determined
In many cases, courts prefer joint decision-making, especially when both parents are capable of communicating and working together. However, if parents cannot cooperate, there is ongoing conflict, poor communication, or concerns about a parent’s judgment, the court may award sole decision-making to one parent.
The types of decisions covered typically include:
- Education
- Healthcare
- Religious upbringing
- Participation in activities.
Modifying Parenting Time or Decision-Making
It’s worth noting that child custody orders are not set in stone. Colorado law recognizes that circumstances change, and sometimes those changes require adjustment to an existing order.
If a parenting plan no longer works, a parent can request modification. However, you cannot request a modification just because you’re unhappy. There must be a meaningful change in circumstances that affects the child’s well-being.
Some of the common reasons for modification include:
- A parent relocation
- Changes in the child’s needs
- Concerns about safety
- A breakdown in co-parenting
In most cases, parents must wait at least two years before a major modification can be considered, unless the child is in danger. Also, the parent requesting the change bears the burden of proof and must demonstrate that the modification is in the child’s best interests.
Tips for Strengthening Your Custody Position
While we mentioned that custody issues are not win-or-lose cases, your actions significantly influence the outcome.
- Make an effort to speak respectfully to the other parent. Even when disagreements arise, focus on the child’s interests.
- Stay involved and show that you are engaged in your child’s daily life, from school events to medical appointments.
- Keep records of your involvement. A simple parenting log can provide clarity if disputes arise.
- Avoid speaking negatively about the other parent or interfering with their relationship with your child.
- Seek legal guidance. Family law is complex, and having the right support can help you avoid costly mistakes.
Contact Us for Legal Help
Child custody cases can feel overwhelming, especially when you are trying to protect your relationship with your child and still navigating the legal process. Fortunately, you don’t have to figure it out on your own. At Jones Law Firm, P.C., our experienced family law & divorce attorneys are here to help you understand your rights, prepare your case, and help you move forward with confidence. We take time to understand your situation and work towards solutions that prioritize your child’s interests while protecting your role as a parent. If you have further questions about parenting time and decision-making in Colorado, contact us today to schedule a consultation and get clear, practical guidance tailored for your family.
