Overview of Parental Responsibility:
In Colorado, the term "custody" is no longer used in statute. Indeed, the term was replaced with in the Colorado Revised Statutes with "parental responsibility” in about 1999. Custody used to be divided into two facets, "physical custody” and "legal custody.” In Colorado, these concepts have been renamed as simply “parenting time” and “decision making authority.”
Best Interest of the Child:
Colorado courts consider the “best interest” of the minor child when allocating parental responsibility. This term is defined in C.R.S. § 14-10-124.
Factors considered by the court when allocating parenting time include:
-The parents’ wishes.
-The child’s wishes “if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.”
-The relationship between the child and parents, other family members, and any other person who significantly affects the child’s best interests.
-The child’s adjustment to home, school and community.
-Mental & physical health of everyone involved (but disability alone cannot be a basis to deny or restrict parenting time).
-The parties’ abilities to encourage sharing of love, affection & contact between the child and other parent (but actions to protect a child from witnessing or suffering abuse shall not be considered for this factor.
-Physical location of parents and child.
-The ability of each party to place the needs of the child ahead of his or her own needs.
When allocating decision making authority, court considers all of the above factors. Additionally factors considered by the court include:
-Whether the parties can cooperate and make joint decisions.
-Whether the parties’ past involvement shows an ability to make joint decisions which provide a positive and nourishing relationship with the child.
-Whether joint decision-making would promote more contact between the child and each party.
Attorney James Frazier is a thoughtful and skilled family law counselor. Mr. Frazier will work with you to prepare a parenting plan that helps you securely preserve and the relationship between you and your child. Attorney Frazier will also work with you through preliminary settlement talks, mediation, and even litigation to ensure that the court approves a parenting plan that protects your relationship with your child.
Modifications of Parenting Time and Decision Making:
Modifications of parenting time are very common. Indeed, people, environments, and relationships grow and develop over time. C.R.S. § 14-10-129 allows parents to modify parenting schedules for a variety of reasons such as:
-A new work or school schedule.
-A significant geographical relocation of one parent.
-Emergency situations requiring immediate attention where the child is in “imminent danger.”
Parties may also seek modifications of decision making authority pursuant to C.R.S. § 14-10-131. Parties generally need to show a change in parenting time or other circumstances to successfully modify the original court order regarding decision making authority.
Enforcing Parenting Time:
Some parents refuse to follow court orders about parenting time. It’s essential to address a party’s non-compliance with court ordered parenting time as soon as possible. C.R.S. § 14-10-129.5 provides a variety of remedies to people aggrieved by another party’s failure to adhere to a parenting plan.
Restricting Parenting Time:
C.R.S. § 14-10-129(4) allows parents to file emergency motions to restrict parenting time. These motions should only be filed sparingly because they are only meant for situations in which the child is truly in extreme physical or emotional danger.
Parents filing motions to restrict must prove that their minor child is in imminent physical or emotional danger. Judges in Colorado presume that minor children benefit from interacting substantially with both parents. Accordingly, courts tend to be cautious about restricting parenting time. Yet, Colorado courts will protect children from real and imminent danger.
Courts review motions to restrict within the subsequent 24 hours after they are filed. If a motion is preliminarily granted, the other parent's parenting time is restricted until a full hearing is held. Pursuant to statute, that hearing will happen within 14 days of filing. At the hearing, court decides whether to grant the motion and makes orders about appropriate next steps.
Child Support:
Colorado courts enter a child support award whenever they adopt a parenting plan. Indeed, courts believe that both parents owe a financial responsibility to their child. Accordingly, the child has the right to receive support from both parents. Judges may order that parties pay make payments through the court’s registry, or, the judge may allow payments to be made directly to the other party.
Child support is calculated using a formula codified in C.R.S. § 14-10-115. The primary factors in that formula are:
-Income of each parent.
-Number of children.
-Number of overnights each parent has with the children.
-Childcare costs (work related daycare).
-Healthcare costs.
Colorado courts require parents to pay child support until children turn 19. Yet, courts can extend the duration of support payments for various reasons including physical or mental disability and continuing high school education.
Contact attorney James Frazier today at (720) 583-5529.
In Colorado, the term "custody" is no longer used in statute. Indeed, the term was replaced with in the Colorado Revised Statutes with "parental responsibility” in about 1999. Custody used to be divided into two facets, "physical custody” and "legal custody.” In Colorado, these concepts have been renamed as simply “parenting time” and “decision making authority.”
Best Interest of the Child:
Colorado courts consider the “best interest” of the minor child when allocating parental responsibility. This term is defined in C.R.S. § 14-10-124.
Factors considered by the court when allocating parenting time include:
-The parents’ wishes.
-The child’s wishes “if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.”
-The relationship between the child and parents, other family members, and any other person who significantly affects the child’s best interests.
-The child’s adjustment to home, school and community.
-Mental & physical health of everyone involved (but disability alone cannot be a basis to deny or restrict parenting time).
-The parties’ abilities to encourage sharing of love, affection & contact between the child and other parent (but actions to protect a child from witnessing or suffering abuse shall not be considered for this factor.
-Physical location of parents and child.
-The ability of each party to place the needs of the child ahead of his or her own needs.
When allocating decision making authority, court considers all of the above factors. Additionally factors considered by the court include:
-Whether the parties can cooperate and make joint decisions.
-Whether the parties’ past involvement shows an ability to make joint decisions which provide a positive and nourishing relationship with the child.
-Whether joint decision-making would promote more contact between the child and each party.
Attorney James Frazier is a thoughtful and skilled family law counselor. Mr. Frazier will work with you to prepare a parenting plan that helps you securely preserve and the relationship between you and your child. Attorney Frazier will also work with you through preliminary settlement talks, mediation, and even litigation to ensure that the court approves a parenting plan that protects your relationship with your child.
Modifications of Parenting Time and Decision Making:
Modifications of parenting time are very common. Indeed, people, environments, and relationships grow and develop over time. C.R.S. § 14-10-129 allows parents to modify parenting schedules for a variety of reasons such as:
-A new work or school schedule.
-A significant geographical relocation of one parent.
-Emergency situations requiring immediate attention where the child is in “imminent danger.”
Parties may also seek modifications of decision making authority pursuant to C.R.S. § 14-10-131. Parties generally need to show a change in parenting time or other circumstances to successfully modify the original court order regarding decision making authority.
Enforcing Parenting Time:
Some parents refuse to follow court orders about parenting time. It’s essential to address a party’s non-compliance with court ordered parenting time as soon as possible. C.R.S. § 14-10-129.5 provides a variety of remedies to people aggrieved by another party’s failure to adhere to a parenting plan.
Restricting Parenting Time:
C.R.S. § 14-10-129(4) allows parents to file emergency motions to restrict parenting time. These motions should only be filed sparingly because they are only meant for situations in which the child is truly in extreme physical or emotional danger.
Parents filing motions to restrict must prove that their minor child is in imminent physical or emotional danger. Judges in Colorado presume that minor children benefit from interacting substantially with both parents. Accordingly, courts tend to be cautious about restricting parenting time. Yet, Colorado courts will protect children from real and imminent danger.
Courts review motions to restrict within the subsequent 24 hours after they are filed. If a motion is preliminarily granted, the other parent's parenting time is restricted until a full hearing is held. Pursuant to statute, that hearing will happen within 14 days of filing. At the hearing, court decides whether to grant the motion and makes orders about appropriate next steps.
Child Support:
Colorado courts enter a child support award whenever they adopt a parenting plan. Indeed, courts believe that both parents owe a financial responsibility to their child. Accordingly, the child has the right to receive support from both parents. Judges may order that parties pay make payments through the court’s registry, or, the judge may allow payments to be made directly to the other party.
Child support is calculated using a formula codified in C.R.S. § 14-10-115. The primary factors in that formula are:
-Income of each parent.
-Number of children.
-Number of overnights each parent has with the children.
-Childcare costs (work related daycare).
-Healthcare costs.
Colorado courts require parents to pay child support until children turn 19. Yet, courts can extend the duration of support payments for various reasons including physical or mental disability and continuing high school education.
Contact attorney James Frazier today at (720) 583-5529.
Frazier Legal LLC
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