Child Custody in Colorado: The Common Myths and Truths

Colorful child custody letters and a gavelWhen couples with children divorce in Colorado, the most emotionally charged issue is usually child custody. Sadly, to add to the stress and heightened emotions of divorcing couples, they often receive false information from relatives, friends, or colleagues. Don’t be like them and learn some of the most common child custody myths in the state. Get your facts straight here:

Courts Always Favor Mothers

While this has been true in the previous decades, especially in cases where the child I underage, the majority of states these days — including Colorado — would prioritize the best interests of the child when determining child custody orders.

Parents with Issues Will Never Get Custody Rights

Mental illnesses, substance abuse Issues, criminal convictions, and past domestic violence issues may seem like valid reasons not to give custody, but that’s not true. Those who have struggled in the past or are struggling with these issues could still be awarded supervised visitation rights, especially if they’re taking steps to address their issues and getting proper treatment.

Children Can Choose to Live with their Parent of Choice

Courts in Colorado will retain jurisdiction over child custody matters until the child reaches 18 years of age. However, renowned child custody attorneys in Colorado Springs explain that courts may consider the wishes of a child who exhibits a certain maturity, but are not under any obligation to make custody orders. You Could Deny Visitation If Your Ex-Spouse Doesn’t or Stops Sending Child Support Payments

Many issues could result in your ex-spouse losing visitation rights, but failing to send support payments isn’t one of them. Child visitation and child support are two entirely different matters as the law is concerned.

You Could Modify the Child Custody Order

Take note that your child custody order is a legal and binding document that could only be modified by the court.

You’re Free to Relocate to Another State without Telling Your Ex-Spouse

If the court grants you physical custody of your child, you would need to file a notice with the court and inform your ex-spouse of your wishes to relocate. The court would then schedule a hearing to establish if relocation would be in your child’s best interests.

Child custody matters are more often than not complicated for everyone involved, but you could learn your rights and try to at least work with your ex-spouse if possible. Do not hesitate to consult a family attorney to help reduce potential conflict and make things a bit easier on you, and most importantly, your child.

The Deciding Factors of Child Custody

Child Custody Lawyer in Colorado SpringsThe common legal terms you will hear about child custody after divorce are legal and physical custody. However, Colorado courts refer to the former as decision-making responsibility and the latter as parenting time. The court has to make the decision for either one depending on the best interests of the children or child of a divorcing couple.

The Decision Making Process

Unless a child is mature enough to express a reasonable opinion, they cannot choose who to live with after their parent’s divorce. The judge will determine who the child will live with by considering different factors which include:

  1. The wants of the parents
  2. The ability of a child to adjust to the home, community, and school
  3. The overall health (physical and mental) of the child and parents; the court may rule a parent unfit to get parenting time because of a disability
  4. The distance of the homes of the parents
  5. The ability and willingness of a parent to create and nurture a loving relationship with their child
  6. Whether either parent has abused the child or has inflicted domestic violence.

These are some of the parameters that will factor in the decision-making process of a judge. With help from a child custody lawyer in Colorado Springs, you can determine whether or not you will get custody of your child.

Shared Parenting Time

Parents can divide and share parenting time equally based on what is best for their child and for them. This may mean that one parent will have their child for every first and third quarter of the year. The divorcing couple must set the times and get an approval from the court. If parents get shared custody of their child, the child support will depend on the income and expenses of the parents and the expenses of their children or child.

Divorce is never easy, especially if there are children involved. It can be messy, but it can also go smoothly, depending on how you compose yourself and with the help of an attorney.

Albuquerque Law: Basic Facts about Child Custody

Child Custody

Child custody in Albuquerque Child custody is not just about the “spoils” of war in divorce court. Parents have an equal responsibility to care for their children whether they are married or not. This includes housing and feeding them, as well as supporting them financially. Parents can usually come to an agreement over the care of a child. In some cases, they need the intervention of the district court.

During these times, ex-spouses should hire an experienced child law attorney in Albuquerque for a fair division of duties and child support. They can provide guidance on the process and keep the best interest of the child in mind.

The process

Child custody cases start when one parent petitions the district court to make the decision about their case. If the case is a result of a legal separation or divorce, the court’s decision will become part of that process. If there is mediation involved, the court will give the mediator the opportunity to get both parties to come to an agreement. If that does not happen, or there is no mediation, the court will decide on who gets custody.

The goal

Parents go to court to establish their legal rights over their children. Nonetheless, the law is more concerned over the rights of the child and serves their best interests. They look at all aspects of a child’s situation to make a decision. The child law attorney has to find the middle ground. Attorneys have to follow what their clients want, but present it to the court to prove their client’s wishes are to the advantage of the child.

The child

Child custody cases are always different. How it goes will depend on many factors, including what the child wants. If the child is over the age of 14, what he or she wants get a bit more attention than someone younger does. If the child is a newborn and the parents are married, both parents get equal rights. The mother gets automatic rights if the parents are not married, though. One of the parents has to take an extra step to establish paternity. Only then does the father have any right to child custody.

The issue of child custody is always a tricky one. It can be hard to establish the best interests of the child, especially if the child is young. It is up to the child custody attorney to present the best case possible, and the courts to decide on what serves the child’s best interests.

Child Custody Issues: What Happens During the Death of the Custodial Parent?

Child Custody Issues

Child Custody IssuesYou are well aware that child custody cases are nerve-wracking for many couples. Not only is it emotionally draining for the divorcing parents, but it is all the more devastating to the young child. If the divorcing parents cannot reach an agreement, one wins and the other one technically loses. The turmoil continues in the event of the death of a parent.

Child custody cases where one or both parents are deceased can sometimes be more confusing than the first time the case was heard:

If the Custodial Parent Dies…

Does the non-custodial parent automatically gets custody of their child? Yes and no. Unless the custodial parent has written a will saying that they are assigning a guardian to look after the child upon their demise, the non-custodial parent gets first choice of continuing child custody. Nonetheless, this is only applicable if the birth certificate of their child documents the non-custodial parent as the biological and legally recognised parent.

If Not…

The grandparents of the child on the side of the custodial parent can have the chance to take full custody of the child. This is in the event there are no verifiable records as to the paternity of the child. The grandparents will still have to apply for child custody in court to facilitate the smoother transfer of parental rights from the deceased custodial parent to the grandparents.

What if There are No More Grandparents?

The next kin or relative of the custodial parent can apply for child custody. If there are no immediate relatives, a third party child custody application may be filed through the help of family lawyers in Brisbane by interested individuals who have a well-established relationship with the child. Additionally, these individuals need to prove they have the capacity to work for the child’s best interests.

If No One is Interested?

If no one lays claim to the child, it is the duty of the state to provide for their care. As such, the child may be sent to a foster care facility.

You simply do not know what will happen. As such, it is always better to go prepared. This means you have to write your will now and decide who takes care of your child upon your death.