Colorado Child
Custody FAQs
How do Courts in
Colorado determine child custody?
Colorado law does not use the word “custody” in its
legal terminology; instead, it refers to parental
“responsibility”, which includes decision-making and
parenting time (formerly called “visitation”). In other
words, the law distinguishes the right to make important
decisions for the child from the right to actual
physical parenting time, and may split the
responsibilities up differently.
What is the
difference between “decision making” and “parenting time”?
The issue of parenting time is a complicated one. Even
if the Court feels that both parties are “fit” as
parents, they may still grant the majority of parenting
time to one parent, because they are influenced by the
facts presented that it is in the “best interest of the
child”. The Court considers what schedule is best for
the child—so it may attempt to establish a certain level
of permanency, in addition to maintaining a bond with
both parents.
In Colorado, “decision making” privileges are separated,
because Courts treat them differently. It is possible to
have unequal parenting time but shared decision-making
responsibilities.
What
does the judge/magistrate take into account when determining
custody?
Overall, the Court legally aims to rule in what it thinks is
the "best interest of the child”. This can be interpreted in
many different ways, but it is important to remember that
this is the standard by which the Court will rule.
Review additional Colorado child
custody law information by using the links in the upper left
or
Ask our Colorado divorce lawyers a legal question
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