Denver Child Custody Attorneys
Your children are your highest priority, and legal issues that impact their life and future can feel overwhelming. When a relationship or marriage is ending, and you are facing the prospect of less time with your children in the future, it can be easy to feel scared or afraid about what might happen.
At GEM Family Law, our child custody lawyers understand what this feels like, and we are here to help. Together, we will work with you to determine the best approach to try to protect the amount of time you can spend with your kids. We provide you with a realistic overview of your situation and work with you to find the approach that is right for your case. We develop unique and creative strategies that are focused exactly on what is most important to you.
Colorado’s Child Custody And Parenting Time Laws
In Colorado, child custody is called “the allocation of parental responsibilities” and includes two elements: decision-making for your child and parenting time with each parent. When deciding how decision-making should be allocated between parents and what a visitation schedule would look like, the overarching standard is determining what is in the best interests of the child.
The best interests of the child are defined by a number of different considerations, including the history of care each parent has provided, the child’s relationship with each parent and other family members, and each parent’s ability to encourage the love and sharing of affection between the child and the other parent. A list of factors considered may be found in Colorado Revised Statutes 14-10-124.
The final decisions regarding visitation and decision-making will be included in a document called a “parenting plan.” This parenting plan may be the result of an agreement that is filed with the court and then becomes an order of the court, or, if you and your co-parent cannot agree, a judge can issue orders regarding parenting time and decision-making.
The Role Of Third-Party Neutrals In Custody Cases
Where there is disagreement, the court may appoint either a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE) to help the parents, their attorneys and the court gather more information and objective recommendations about parenting time and decision-making. Our child custody attorneys will also assist you in presenting evidence to the court to demonstrate the arrangement you believe is in the best interests of your child.
When a parent believes that a very limited visitation schedule is required, such as supervised visitation only, or limited hours with no overnights, the standard changes from a showing of the child’s best interests, to a showing that the child would be endangered in the other parent’s care without the proposed limitations. Child custody attorneys are especially important in these scenarios if you believe your child is endangered or if allegations of endangerment have been lodged against you.
Common Questions Our Denver Child Custody Attorneys Are Asked In Consultations
We understand the emotions that can come with the uncertainty that may be present in your child custody or parenting time dispute. At GEM Family Law, our skilled child custody lawyers are prepared to help you achieve your specific goals. We wanted to address some of the common questions our clients ask to help you prepare for our initial consultation.
What do unmarried parents need to know about child custody in Colorado?
When a child is born to married parents, it is presumed that the father is the biological parent. But not all parents are married. When unmarried parents decide to part ways, paternity must first be established before the court can consider child custody. Sometimes, paternity is established by consent at the baby’s birth if the father is present. Otherwise, a paternity action can legally identify the child’s father.
In Colorado, once paternity is established, unmarried parents who are separating can proceed with an Allocation of Parental Rights (APR) case. This will allow the court to make decisions regarding child custody, parenting time and child support in the same way a divorce proceeding would decide these issues.
How do I win custody?
There are many different factors that influence how child custody will be determined. When we meet, our goal is to focus on the best interests of the child. Whether negotiating with your co-parent prior to a court case, or inside the courtroom, we want to make sure that what is best for the child is always in the front of our minds.
We are committed to working toward a custody and parenting time agreement that keeps the child first, and also is connected to the goals that you have in mind for your custody case. We will show how your specific requests should be considered to be requests that are in the best interests of the child. The specific strategy that we pursue will depend upon the circumstances of your case, so we will be happy to help you learn more about your options during our initial consultation.
Are there behaviors that may threaten my ability to get custody?
Possibly. There are certain acts, which include using alcohol or drugs, that can make the court question a person’s ability to be a suitable parent. Individuals who have new partners who may be threats to a child’s safety also may potentially find themselves drawing additional scrutiny. When we meet to discuss your circumstances, we can help you understand any specific changes you may need to make to help you as your case moves forward.
How much will a child custody case cost?
Without knowing the details of your case, it is impossible to answer this question. For example – you and your co-parent may have worked out an agreement already that just needs to be reviewed for completeness. Or, you may be in the first stages of an extremely contentious case that may take time to resolve. We will help you learn more about costs when we meet with you to discuss your case.
It is important to note how crucial it is to get your child custody case right the first time. If you enter into any agreements before talking with an attorney, you may severely jeopardize your parental rights. It can be impossible to get some of these agreements changed later, so the money that you spend now can save you a lot of time and frustration in the future.
Will child custody or parenting time cases always go to court?
Not necessary – it really does depend on the circumstances. Some parents agree to custody arrangements very early on in a case, while others may be unwilling to come to any sort of parenting time or custody agreement before the court becomes involved. Whatever circumstance you think you may be in, it is important to have a child custody attorney on your side to offer you detailed advice before you make any choices for your future.
How does custody impact support?
The answer here may also depend upon the facts of the case. There may be certain issues that are resolved in ways that impact either child custody or child support. Our child custody attorneys can explain the circumstances of your case and help you understand exactly what is happening.
Can my ex prevent me from having parenting time?
If you have an order from the court which allows you to have time with your child, your ex cannot prevent you from spending time with your child. There may be instances where you and your co-parent need to work together to find solutions to certain challenges, but your co-parent cannot decide to keep you out of your child’s life if you are entitled to receive that time.
What happens if we need to change our child custody agreement?
There may be several reasons why a child custody or parenting time order needs to be revisited. Sometimes a parent needs to move to a new place for work. Parents may find themselves in situations where the other parent is endangering the life of the child. One parent may not be honoring his or her obligations under the agreements.
It should be noted that significant reasons must be present in order for these orders to be revisited. Talk to one of our lawyers about your case to understand if there are options available to us to revisit your custody or parenting time order.
What will happen in my case?
We know that you have questions about your specific situation. We can help you learn more about the possible options in your case. In a free consultation, we will meet with you and discuss the dynamics present in your case. Our experienced child custody attorneys will answer your questions and give you honest advice as to what we feel we can do for the future of your family.
The process of establishing a parenting plan can feel arduous. At GEM Family Law, our team is comprised of attorneys who are trained Child and Family Investigators, attorneys who have litigated numerous parental responsibilities cases, and attorneys who have helped parents resolve parenting time matters outside of court, either through negotiation, family law mediation or collaborative law.
Schedule A Free Consultation With Our Denver Child Custody Lawyers
Whether your case involves complex parenting dynamics and family needs, or whether your family simply needs expert advice as to the logistics of a parenting plan, our attorneys are prepared to guide you through the process, from beginning to end. Call our Denver office at 720-443-4892 or send us an email to arrange a time that works for you.