Centennial Child Custody Lawyer

Common Issues in Child Custody Cases

• Disruption with Visitation: Visitation disruptions are one of the most common types of custody issues. In some cases, parents disrupt visitation times if the other parent isn’t paying child support. In other cases, a parent may fail to follow court orders, such as dropping off the child at the agreed time or place. These can become a major issue among parents, requiring them to go to court over and over.
• Parent Relocations: Parent relocations are another common issue that is present during custody cases. Often, the parent with sole custody of the child wants to move out-of-state, making visitation times difficult for the other parent. However, parent relocations cannot take place unless the court grants them permission.

Additionally, other issues such as parental alienation can arise, where one parent actively tries to sabotage the relationship between the child and the other parent. This can have long-lasting psychological effects on the child and may require intervention through therapy and legal action. Additionally, changes in financial circumstances, remarriage, or allegations of abuse that arise post-divorce can complicate visitation rights and responsibilities, making it essential for parents to address these changes formally in court.

Joint & Primary Parenting Responsibilities

In Colorado, child custody arrangements are typically referred to as “parental responsibilities”, which include both decision-making responsibilities and parenting time. The state prioritizes the best interests of the child when determining custody arrangements. Here are the common types of custody arrangements in Colorado:

• Sole Decision-Making Responsibility: One parent has the exclusive authority to make major decisions about the child’s education, healthcare, and religious upbringing. This is typically granted when the court believes joint decision-making would be harmful to the child, such as in cases of domestic violence or severe conflict between parents. The non-custodial parent may still have visitation rights but does not have input on major decisions.
• Joint Decision-Making Responsibility: Both parents share the responsibility of making important decisions about the child’s life. Colorado courts generally prefer this arrangement unless one parent is deemed unfit to co-parent effectively. It requires cooperation and good communication between the parents to make joint decisions in the best interest of the child.
• Primary Physical Custody: The child primarily lives with one parent, known as the custodial parent. The other parent typically has visitation rights or scheduled parenting time but does not have the child most of the time. This arrangement is often chosen when one parent is better suited to handle the child’s daily needs.
• Joint Physical Custody: The child spends significant and roughly equal time living with both parents. Parenting time is divided between both homes, often based on a set schedule. This arrangement works best when parents live near each other and can maintain consistent routines for the child.
• Split Custody: In families with multiple children, each parent may have primary custody of at least one child. This arrangement is less common because courts generally try to keep siblings together, but it may be appropriate if the children have different needs or stronger relationships with one parent.
• Bird’s Nest Custody: The child stays in one home, and the parents take turns living with them, while they rotate in and out according to a schedule. This arrangement minimizes disruptions to the child’s life but requires a high level of cooperation and shared living arrangements between the parents. It is rare and often used temporarily during transitional periods.
• Supervised Visitation: One parent is allowed to see the child only under the supervision of a third party, often because of concerns about the child’s safety or well-being. This is typically ordered in cases involving substance abuse, domestic violence, or other risks to the child. The goal is to maintain the parent-child relationship while ensuring the child’s safety.

When navigating these arrangements, a knowledgeable child custody lawyer in Centennial can help ensure the legal approach aligns with your child's best interests. Our lawyers are adept at addressing concerns that may impact the type of custody arrangement deemed appropriate by the court, including the logistic feasibility of joint physical custody and the optimal legal strategies to advocate for a favorable outcome.

What Factors Does the Arapahoe County Court Consider in a Custody Case?

In any custody dispute, the court’s primary concern will always be the best interests of the child. Assuming the parents are relying on the judge to develop a parenting responsibility agreement on their behalf, the judge will always do what they think is best for the child. Some factors the court considers in custody cases include:

• Each parent’s current relationship and history with the child;
• The health and age of both parents;
• Whether either parent has a history of behavior such as domestic violence or neglect that could make them unfit to parent;
• Each parent's financial situation;
• How a proposed custody arrangement would impact the child’s life;
• The child’s own preferences if they’re mature enough to have a say; and
• Any other factors the court considers relevant to the case.

The court may also consider more nuanced factors such as the child's adjustment to their school and community environment, any special needs the child might have, and how any potential decision aligns with keeping continuity in the child's life. The background dynamics of family interactions, alongside cultural and spiritual considerations, can also play roles in how custody arrangements are shaped. Our custody lawyers serving Centennial, Colorado, will work with you to ensure you pursue the best possible outcome in your custody dispute, fighting relentlessly for your parental rights in and out of the courtroom. 

Can Custody Arrangements Be Modified?

Custody arrangements can indeed be modified under certain circumstances. As life evolves, so too can the needs of your family. Courts recognize that the custody arrangements that were appropriate when the original order was established may no longer serve the best interests of your child. Whether you are seeking to increase your time with your child or need to address a significant change in circumstances, it is possible to request a modification of the existing custody order.

To modify a custody arrangement, you must demonstrate to the court that a significant change in circumstances has occurred since the original order was put in place. This change must impact the welfare of the child. Common reasons for requesting a modification include a parent relocating for a job, changes in the child's needs as they grow older, or concerns about the other parent’s ability to provide a stable and safe environment.

The court’s primary focus remains the best interests of the child. Any request to modify a custody arrangement will be carefully reviewed to ensure that the proposed changes support the child’s well-being. It’s important to understand that the court does not take modifications lightly; the burden of proof lies with the parent requesting the change.

Navigating the process of modifying a custody order can be complex. Legal guidance is crucial to ensure that your request is properly presented and supported with the necessary evidence. Our law firm has extensive experience in handling custody modification cases and is dedicated to advocating for arrangements that reflect the current needs and best interests of your child. If you believe a modification is necessary, we are here to help you understand your options and guide you through the legal process.

Our Centennial Child Custody Lawyers Provide Guidance & Support

At the Law Office of Alexandra White, PC, our child custody lawyers believe that you know your child and family situation best, which is why it is in your best interests to reach an agreement outside of court. Our child custody attorneys are here to facilitate a resolution and smooth transition of child custody through sound legal guidance and support throughout Arapahoe County, Colorado. Our approach not only aims to address immediate legal concerns but also considers the long-term impact on the family dynamics and the emotional well-being of the child. By understanding and respecting your unique family situation, our strategy focuses on sustainable solutions that honor the distinct needs of your children.

Talk to One of Our Capable Centennial Child Custody Lawyers. Contact Us Online or Call Now at (303) 647-4245!

Frequently Asked Questions About Child Custody

What Is the Process for Establishing Parenting Responsibilities in Colorado?

In Colorado, establishing parenting responsibilities starts by filing a petition with the court. This petition outlines the requested arrangements for both parental responsibilities and parenting time. After filing, both parents will attend a hearing where they may present their arguments and evidence. The court will consider several factors, including each parent's relationship with the child and their capacity to make decisions benefiting the child. Mediation is often encouraged to help reach an agreement without a lengthy court battle. If mediation fails, a judge will make the final decision, aiming to serve the child's best interests. Understanding this process can help parents prepare and present their case more effectively, ensuring their preferences and capabilities are clearly communicated to the court.

How Does Child Support Factor into Custody Arrangements?

Child support is a critical component of custody arrangements, ensuring the child's financial needs are met regardless of custodial dynamics. In Colorado, child support is calculated based on both parents' incomes, the amount of time the child spends with each parent, and the child's needs. Even in joint custody situations, one parent may pay child support to ensure an equitable distribution of financial responsibility. It's crucial to accurately report all incomes and obligations to establish a fair support amount. Moreover, changes in custody arrangements may require adjustments to support agreements, highlighting the interconnected nature of custody and financial considerations. Accurate documentation and an understanding of legal obligations can help parents navigate these complexities effectively.

What Are the Benefits of Mediation in Custody Disputes?

Mediation offers several benefits in resolving custody disputes. It provides a less adversarial setting than court, encouraging open communication and compromise. Mediation can help parents focus on the child's best interests while crafting a balanced parenting plan. It often results in faster resolutions and reduced costs compared to litigation. Moreover, agreements reached in mediation are more adaptable and can be modified more easily than court orders. Another benefit is that mediation resolutions tend to be more detailed and tailored to a family's specific needs, enabling practical solutions that better fit all involved parties. Many parents find mediation preserves amicable relationships, which is beneficial for co-parenting.

How Can Mental Health and Substance Abuse Issues Impact a Custody Case?

Mental health and substance abuse issues can significantly impact a custody case. Courts consider the mental and emotional well-being of both parents and any substance-related issues that could influence parenting capacity. If one parent's ability to safely care for the child is compromised, the court may order supervised visitation or mandate substance abuse treatment as part of the custody arrangement. Proof of rehabilitation and ongoing support can influence court decisions positively, potentially leading to increased parenting time over time. It's critical for parents with these concerns to seek legal advice to properly address these issues in court, ensuring that any challenges are presented with context and supported by evidence of recovery efforts.

What Should I Do If I Believe My Child Is at Risk in the Current Custody Arrangement?

If you believe your child is at risk in their current custody arrangement, it's essential to act promptly by seeking legal advice and filing a motion to modify the custody order. When doing so, gather evidence that supports your claims, such as documentation of neglect or abuse, witness testimonies, or professional evaluations. It's important to focus on the child's well-being and safety, ensuring that concerns are clearly communicated to the court. The court will prioritize the child's best interests and may alter custody arrangements to mitigate risks, which can include temporary measures while the situation is assessed. Working with a knowledgeable attorney can help you navigate this urgent and sensitive process effectively.

Contact a child custody attorney in Centennial at (303) 647-4245 to arrange for a free consultation today.