Denver Child Custody Lawyer
At ELKUS & SISSON, P.C., our team of seasoned professionals brings a wealth of experience to navigating complex legal challenges with precision and dedication.
Of all of the different issues that arise in family law, child custody, now termed allocation of parental responsibilities, may be one of the most challenging. Your relationship with your children is one of the most important aspects of your life, and a “custody” battle threatens its very existence. It’s no surprise, then, that custody battles can bring out the worst in people. Parents who are generally calm, kind, and patient may find themselves constantly on the edge, always feeling defensive and on the verge of tears.
This is why it is so crucial to work with a trusted Denver child custody attorney as soon as your parenting rights are in question. This may be when you are divorcing your child’s other parent, breaking up with them, or having a child with someone with whom you don’t have a romantic relationship. Clarifying your parental rights via a court order protects everyone involved and sets clear, enforceable boundaries.
Greenwood Village Child Custody Attorneys Serving Denver, CO
Elkus & Sisson, P.C. is a child custody law firm in Greenwood Village located just a short drive from downtown Denver. Our address is 7100 E Belleview Avenue, Suite 101 Greenwood Village, CO 80111 (open in Google Maps). Call us today at (303) 567-7981 or fill out a contact form and we will call you to schedule an appointment to discuss your family law needs.
How Colorado Defines Child Custody
Custody is the most commonly understood term for the division of parenting time and responsibility, but it is not technically the term used in Colorado. In Colorado, the legal term is Allocation of Parental Responsibilities, which is divided into “parenting time” and “decision making.” Parenting time refers to where the child lives. “Decision-making responsibility” involves making major decisions about a child’s education, religious upbringing, medical care, and out-of-school activities.
Generally, while some say that court prefers to split parenting time as equally as possible, it is always based on the legal standard which is what is in the best interests of the minor children. Research shows that children benefit when they maintain strong relationships and traditions with both parents, which is the court’s main priority.
However, there are circumstances in which a 50/50 split just isn’t practical. If the parents have unusual work schedules, if one parent does not want their share of parenting time, or if one parent does not have the capacity to be a good parent, the court may award more parenting time to one parent. When one parent has alcohol or substance abuse issues, has a history of abusing the child, or is otherwise a danger to them, the court may deny them access entirely or limit it to supervised visits.
Joint Decision making is often shared between parents, even if one parent has the majority share of parenting time. Again, there are scenarios where this doesn’t work out. If one parent has a history of making unsafe choices for their child, the other parent may be granted sole decision-making responsibility.
Figuring Out Your Child Custody Options
The good news about child custody in Colorado is that there are as many potential custody arrangements as there are families. While there are many standard schedules that may be recommended or offered, you do not have to use one if it doesn’t meet your family’s needs.
First, consider parenting time, also known as physical custody. You and your ex may agree on an equal parenting time arrangement if you are both able to care for the child on an ongoing basis. Some parents prefer a one-week on/one week off schedule, especially as the children get older, while others opt for a 2-2-3-2-2-3 schedule every two weeks. You can also choose an entirely different time split.
If one parent works too much to take on such a large share of parenting or simply does not want half of the parenting time, the other parent may have the majority of parenting time. In these cases, the other parent has less parenting time but still gets regular, scheduled time with their child.
It’s rare for one parent to get 100% parenting time, as this means the other parent gets zero time. This usually occurs if the other parent’s parenting time is restricted because the court has found the child would be seriously endangered with that parent. It could also occur if the other parent is incarcerated,, uninterested in parenting, or unknown.
When it comes to decision-making responsibility, you will either share it or one parent will have sole decision-making responsibility. In the majority of cases, it makes sense for parents to share it.
Factors Used by the Court to Determine Placement
Many parents ultimately agree on a parenting time arrangement that the court signs off on. But when they cannot agree, the decision is left up to the court. They take a wide range of factors into account when deciding what is best for a child, including:
- What both parents want from a custody agreement
- The child’s wishes if the child is old enough and mature enough to understand the situation
- Both parents’ physical, emotional, and mental health
- The child’s physical, emotional, and mental health
- Connections the child has with their community and each parent’s ability to maintain those connections
- The strength of the relationship the child has with each parent
- If the parents are willing to facilitate the other parent’s relationship with the child
- The child’s relationships with other members of both parents’ families
- Each parent’s stability and ability to provide a safe home for the child
The court’s top priority at all times is what’s best for the child. If it comes down to the court’s decision, your attorney will do everything they can to show that your proposed parenting time agreement is what’s best for your child. Sometimes, the courts want to hear from an expert to help determine a parenting time and decision making arrangement that is best for the child if the parties are not able to agree.
Benefits of Choosing Elkus & Sisson
When custody of your child is in question, your choice of attorney is incredibly important. If you choose an attorney with minimal family law experience or no background in complex custody cases, you risk losing valuable time with your child. The decisions made at this stage could affect the rest of your life, so choose accordingly.
At Elkus & Sisson, our family law cases are handled with the utmost care and expertise. Our team has a long and successful track record in family law, providing the compassion and skill needed to support clients through their greatest challenges. Whether you want to revise a custody order, establish your rights as a parent, or fight a change proposed by your co-parent, let us help.
Take Control of Your Custody Case Today—Contact Elkus & Sisson
Don’t delay when you have custody issues. The sooner you begin working with our team, the sooner we can help you reach a positive solution. Set up a time to talk with our team of child custody lawyers by calling 303-567-7981 or contacting us online.
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Common Types of Family Law
Divorce
Divorce
In Colorado, the laws surrounding divorce can be difficult to navigate. You do have the option to work out an uncontested divorce between you and your spouse. If this is not possible then it is important to find an experienced divorce lawyer. Even if you and your spouse are currently cooperating while navigating divorce, discussing your options with an attorney can be helpful. Divorce attorneys provide several services that will help you move on with your life. Things you will need to address when getting divorced include the division of property and assets, determination of allocation of parental rights (“child custody”) (if applicable), and spousal maintenance payments. Our family attorneys will also be able to provide you with the needed legal advice during the divorce. There are several things that you should and should not do to help you strengthen your case—that’s one reason we recommend talking to an attorney as soon as the divorce is being considered. In the gap between deciding on divorce and hiring an attorney, this “learning phase” will allow you to avoid making critical mistakes that take additional time, work, and money to fix. Protect yourself from the very beginning with our team’s representation.
Find out more information about the services our divorce attorneys provide.
Spousal Support
Spousal Support
Some divorce settlements require one spouse to pay spousal support to the other. Once referred to as alimony, this is now called spousal maintenance/support. Spousal support seeks to give a lower-earning spouse financial stability if there is a major earning disparity and if usually is considered if the marriage is at least 3 years.For example, divorce cases involving a high-earning spouse and a stay-at-home parent are likely to involve spousal support. The length of your marriage is also a contributing factor; someone married for a very short period will likely not pay or be paid alimony upon the end of the marriage but it is always in the court’s discretion However, an individual who was married for 20 or more years before divorcing could find themselves paying or receiving lengthy or permanent spousal support, which only terminates upon the death of the receiving party or remarriage of the receiving party.
Learn more about spousal support and how our firm can help you.
Child Custody
Child Custody
Allocation of parental Responsibilities (“Child custody”) is a subject that divorcing couples will need to confront. It can be emotionally draining and very complex. There are several factors that will help the court decide on the custody and visitation rights of parents and/or grandparents. Our family attorneys are experienced in the areas of:
- Visitation and parenting time
- Father’s rights
- Grandparents’ rights
- Parenting Time modification
If you are going through a divorce you may need to learn more about our services relating to child custody battles.
Child Support
Child Support
Doing what is in the best interest of the children should be at the heart of every child custody case. The Courts utilize a child support worksheet which demonstrates each party’s financial responsibility for the children (child) based on income, overnights and other factors. Our family attorneys will help calculate the needs based on financial records and statements to make sure your children are taken care of. Extensive medical care needs, extracurricular activities, childcare expenses, and other factors can increase or decrease child support. In most cases, the party who has the child the majority of the time receives child support paid by the parent with parenting time.
Explore our child support services to find out how we can help you.
Property Settlement
Property Settlement
To get the best results of property settlement cases during a divorce you need to have a skillful attorney with extensive experience. Property division can be very complex and exhausting when you start to include multiple properties, stocks, bonds, vehicles, etc… Assets that are considered “marital” and “non-marital” can also be complicated. Property that was acquired during the marriage will most likely need to be considered “marital” and things that were accumulated outside the marriage are most likely “non-marital”. It’s especially important to work with an experienced attorney if you and your spouse have a large and varied portfolio of assets. A fair division of assets depends on the accurate identification and valuation of each asset. Other situations also call for an attorney with extensive experience, including situations where you suspect that your spouse is attempting to hide assets or divorces involving hard-to-trace assets like cryptocurrency and NFTs.
Find out more about the services our property settlement attorneys provide.
Fathers' Rights
Fathers' Rights
Custody laws vary from state to state. This can have a significant effect on custody battles for fathers. According to Colorado law parenting time is based on what is in the best interests of the minor children. The Courts want the parties to be involved and to have joint decision making, when it’s appropriate and in the children’s best interests. Many fathers go into divorce or custody battles assuming that the odds are already against them and that the court will automatically side with the mother which is not the case and not the law. The court recognizes the importance of both parents in a child’s life. Whether you’re establishing your rights as a divorcing father or during a “custody” battle, know your rights and don’t give up before you’ve even started.
If you are a father involved in a custody battle then have a look at our guide that includes eight tips for fathers going through a child custody case.
Grandparents' Rights
Grandparents’ Rights
Grandparents often have special relationships with their grandchildren that can make these cases complex and highly emotional. You do have to meet certain criteria to qualify for grandparents’ rights in Colorado. You may be able to seek visitation with your grandchildren if their parent passes away and the other parent is keeping them from you, a non-parent currently has custody, or the child’s parents have divorced and your time with the child has been revoked.
If you need to know what your rights are as a grandparent relating to visitation of your grandkids then read our information on grandparents’ legal rights.
Adoptions
Adoptions
Adoption is a beautiful way to give a child a home and grow your family. No matter which type of adoption you are pursuing, it is crucial to work with an attorney who can navigate this complex area of family law. There are several types of adoptions recognized in Colorado. A foster adoption may occur after a biological parent’s rights are legally terminated and the foster parent chooses to adopt the child in their care. International adoption generally requires assistance from attorneys in both countries. Families pursuing private domestic adoption need a lawyer to protect their best interests as they seek to finalize their adoption. When a child is adopted by their grandparents, aunts or uncles, siblings, or extended family members, it’s referred to as kinship adoption. Stepparent adoption allows a stepparent who has taken on an important parental role to adopt their stepchild if the child’s biological parent has given up their rights or had their rights terminated. Adoption is complex, and there are many ways that the smoothest adoption can fall apart. Find out how our firm can help you with your adoption case.
Learn More About Adoptions
Marital Agreements
Marital Agreements
When you get married, divorce is an impossible thought. But for nearly half of all marriages, divorce is the eventual outcome. Marital agreements, more commonly known as prenuptial and postnuptial agreements, are contracts that can protect both parties in the event of a divorce. It’s important to work closely with an attorney in the drafting or review of these documents. You want to ensure that your best interests are protected, but you also want a legally enforceable contract. One-sided or vague marital agreements can get thrown out.
Learn more about your marital agreement options.
Family Law Violations
Family Law Violations
Having an agreement isn’t always enough. If you have a combative or uncooperative ex-spouse or co-parent, you could have years of family law violations to deal with. Refusing to pay for their share of medical bills, not paying spousal or child support, withholding your child at exchange time, and otherwise going against the clear terms of your agreement are issues that must be addressed. Let us help you find solutions to your ex’s family law violations.
Common Law Marriage
Common Law Marriage
Most states don’t recognize common law marriage, but Colorado does. It’s a complex analysis that does not rely on just one factor but a totality of factors and is in the discretion of a court to decide whether a common law marriage exists. Some factors include: whether a couple lived and held themselves out as a married couple, engaged socially with others as a married couple, received benefits for the other, and purchased property together, paid joint taxes, as well as many other factors. However, common law marriages present unique legal challenges, particularly when a couple splits up or has disputes about the status of their relationship. Our firm is here to help you with your concerns about your common-law marriage.
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