Parenting Time vs. Custody: Understanding Colorado’s “Parental Responsibilities” Law
When talking about parenting time, many people use the common term, “custody.” In Colorado, the law was changed to replace “custody” with “parental responsibilities.” Parental responsibilities include decision making, child support and parenting time. This post addresses how the courts determine parenting time.
How Colorado Courts Decide Parenting Time Based on the Best Interests of the Child
Colorado’s policy requires the courts to ensure that children have access to both parents frequently and regularly in the child’s best interests. However, frequent and regular contact with each parent does not automatically mean equal parenting time. The courts often award equal parenting time but must make determinations based on the best interests of the child factors in C.R.S. §14-10-124.
Some factors may be more important than others depending on the circumstances. The wishes of the parents cancel each other out. The wishes of the child will only be considered if the child is of sufficient maturity to have formed a reasoned and independent opinion. This is not age specific. It is based on the individual child. The distance between homes as relates to the practical aspects of parenting time may be of little importance if the parents live close.
The importance of the various factors depends on the parties’ individual circumstances. The child’s adjustment to home, school and community will have a greater impact with older children in an established home. The child’s relationships with extended family and other important people may carry more weight where these relationships are strong. The past pattern of involvement of the parties and whether it reflects a system of shared values will need to be presented in a way that helps the Court understand the family dynamics. Most parents can demonstrate placing the needs of the children ahead of their own, but some parents struggle to support the sharing of love, affection and contact with the other parent.
Why Presenting Your Parenting Time Case Clearly Matters in Colorado Family Court
Regardless of which factors may make a difference in your case, the Court must consider all of them. Having an experienced attorney evaluate, prepare and present your case provides the best opportunity for a parenting time order that truly serves the best interests of the children. Searcy Friedman Law offers a free consultation so that you can decide the best representation available to protect your parenting time.
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