In Colorado, child custody cases are called “allocation of parental responsibilities (APR).” Parents can file these types of legal cases whether or not they were ever married to the other parent of the child. These cases deal with two primary aspects of a child’s life: the right to make important decisions for the child and the right to spend time with the child. Here is what you need to know about these important aspects of your case.
If you need help with a Boulder child custody case contact our attorneys.
Legal Custody = Decision-Making Responsibility
What many states refer to as “legal custody,” Colorado refers to as “decision-making responsibility.” This refers to the right to make important decisions involving your child, such as:
- Where they attend school
- Which religion, if any, they will be brought up in
- The type of medical services they receive
Either or both parents can have these rights. If only one parent has the right, it is called sole, but if both parents have the right, it is considered joint. The parenting plan must typically include a determination of who will be the final decision-maker if the parents cannot reach an agreement.
Physical Custody = Parenting Time
Physical custody refers to how much parenting time each parent has with the child. The parents can agree on a schedule when the child will live with each parent, or the court can. If the court makes this important decision, it does so based on what is in the best interest of the child.
Parenting time could be liberal or restricted. Some parents have about equal time with the child, while others have limited time while the other parent is the primary custodian of the child. If the court is concerned about the safety of the child, it can order that parenting time be supervised by another adult.
When determining the child’s best interests in an allocation of parental responsibilities case, Colorado courts consider various factors such as:
- The child’s relationship with each parent and their siblings
- The child’s adjustment to their home, school, and community
- The parents’ wishes
- The child’s preferences if they are old and mature enough to express them
- The health of the parents and child
- The ability of parents to encourage a healthy relationship with the child and the other parent
- The ability of the parents to place their child’s interests above their own
- Whether the past contact between the child and each parent reflects a system of values, time commitment, and mutual support
- How close the parents live to each other
- Other relevant factors
Contact an Experienced Colorado Child Custody Attorney for a Confidential Case Review
If you are considering taking action in an allocation of parental responsibilities case, need more information about your legal options, or would like advice on your particular situation, you can turn to the experienced legal team at Stahly Miner LLC for help. We are experienced family law attorneys and can guide you through the legal process of requesting or responding to custody actions. Contact us today for a confidential consultation at (855) 625-1966.