Deciding on fair and reasonable child custody arrangements (now referred to as parenting time in Colorado) that are in the best interests of the children may be the most stressful aspect of your divorce. Therefore, it is important that you have an experienced Fort Collins family law attorney who understands how judges make these decisions and how emotionally wrenching child custody matters can be for all concerned. Fort Collins child custody attorney, Stephen Vertucci, can guide you through the decision-making process, help you understand the pros and cons of various custody arrangements, help you make an enforceable child support plan, develop strategies to place you in the best position to meet your goals, and negotiate an agreement that best suits your needs and desires and those of every member of your family.
If you are going through a divorce in Fort Collins and children are involved, do not wait until this important decision is entirely in a judge’s hands. Call the Fort Collins child custody lawyers at the Law Office of Stephen Vertucci at (970) 900-1800 today and arrange for a consultation.
One of the most difficult things to consider when a couple with children divorce is how the needs of the children will be best met following the breakup of the family. What was once termed “child custody” is now referred to as “parental responsibilities” under Colorado law, which is really a more accurate description of what needs to be determined. The dissolution of a marriage is not a dissolution of either parent’s responsibilities toward their children. The question is, when parents are living separately, how are those responsibilities divided and what rights does each parent have to make decisions affecting their children and to spend time with them?
In an ideal world, parents should be able to put their differences behind them and work out a plan to share rights and responsibilities as well as time with the kids. Emotions often run high and it is sometimes difficult for divorcing parents to focus on a solution that offers the least disruption, stress, and unhappiness in the children’s lives. The Fort Collins child custody attorneys at the Law Office of Stephen Vertucci understands how difficult this time can be, which is why we make it our mission to make the process as smooth and conflict-free as possible.
When you and your soon-to-be-ex spouse just can’t seem to come together, a compassionate and experienced child custody attorney who can develop strategies with you to place you in the best position to reach your goals, who can focus on negotiating a compromise that meets your needs and those of your kids, may have long lasting benefits to you, your children, and your case.
The Colorado family court will have the final word on how parental responsibilities will be shared. If you and your spouse can agree, the court will usually go along with your decision. It is nearly always preferable for the parents to work these things out on their own, rather than having them determined by a judge who doesn’t know your children or your family. Parental rights and responsibilities that must be settled will include:
There are several different child custody agreements – now legally referred to as “parental responsibilities” – possible in any divorce case with children. Learning the types of child custody can help your family prepare for what may lie ahead. Always speak to a divorce attorney about child custody to learn more about your particular situation. At the heart of all custody agreements is what will be best for the child or children.
Colorado no longer has “sole custody.” Instead the state uses primary residential and decision-making responsibilities. The courts may give primary responsibilities to one parent if it determines that one parent is unfit or incapable of having any responsibilities toward the child. The courts may grant primary responsibility if one parent struggles with drug/alcohol addiction or if there is evidence of child abuse. Even if one parent has primary residential responsibility, the non-custodial parent may still have visitation rights depending on whether the court thinks it in the best interest of the child. The court may order supervised or unsupervised visitation.
There are two types of sole responsibilities – residential and decision-making. Sole decision-making responsibility means that one parent has full authority to make important life decisions for the child, such as where the child goes to school, the child’s religion, healthcare, and everyday activities. Sole residential responsibility means the child will live with only one parent or caregiver. This arrangement can benefit children by not uprooting them and keeping them on a set routine. The courts may grant sole responsibilities of a child to one parent if it’s in the best interests of the child.
If a parent has less than 90 overnight visitations with a child, the other parent has primary parental responsibility. More than 90 overnight visitations is joint responsibility, in which parents share residential and decision-making tasks. Two parents may share overnight visitation with a child equally or in a different agreed-upon arrangement. Parents often work out joint responsibility arrangements between themselves, either voluntarily or through a mediator or attorney. Download the Colorado Parenting Plan worksheet if you’re interested in creating your own arrangement with your spouse.
If you have to bring your divorce case to the Colorado family court, it will use several important criteria to determine child custody. It’s important to contact a Fort Collins divorce lawyer to guide you through the legal process. The number one doctrine determining matters in child custody cases is the “best interests of the child.” All states have their own list of factors that a judge considers to figure out what custody arrangement would serve the child’s best interests. Here’s what goes into the decision-making process in Colorado:
Every child custody battle is different. The one constant is that the judge will rule in the child’s best interests. Sole custody, joint custody, and supervised visits are all possible outcomes and the choice will come down to what the judge thinks is best for the child.
If you are going through a divorce and need help establishing a parenting schedule or need representation against your soon-to-be-ex spouse, contact the experts in family law at the Law Office of Stephen Vertucci. Call (970) 900-1800 to schedule your consultation with a Fort Collins child custody attorney.