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COMPASSION & EXPERIENCE FOR YOUR CHILD CUSTODY CASE
The law firm of Elkus & Sisson,P.C. has Served the Denver and the Rocky Mountain region for over 15 years, we will help guide you throughout the process, and ensure that you are aware of all of your options so that you can make the right decision for you and your family.
Our knowledgeable and experienced child custody lawyers have the experience and knowledge needed to handle any child custody (parental responsibility) issue you may be facing. Every family has a different dynamic, and we appreciate how complex the decision-making process is.
Child Custody Cases Attempt to Answer 3 Questions
Divorce cases often have custody and visitation issues to resolve if there are children involved. The three main questions that a child custody case needs to answer are:
- Who will the child live with and be cared for day to day (Physical Custody)?
- Who has the right to make important decisions (Legal Custody)?
- What is the visitation schedule?
Common Child Custody Issues in Colorado
Visitation and parenting time
One parent will typically have physical custody. Therefore visitation rights need to be worked out. Reasonable Visitation is one option which allows the parents to work out their own visitation schedule. If the parents cannot agree on a schedule then a Fixed Visitation schedule will be created by the court.
Child support in Colorado can be a complicated issue. There are many factors that go into calculating child support payments. These factors may include (but not limited to):
- The current income of each parent
- The earning potential of each parent
- The amount of time each parent will spend with the child
- Expenses related to caring for the child such as healthcare, food, education, day care, insurance, etc...
Grandparents’ rights
Visitation Rights for grandparents rely on three circumstances:
- The grandparents (the parent of the child) has died
- The child is in non-parental custody
- The parents are divorced or separated
In general you must prove that it is within the best interests of the child in order to gain visitation rights by the grandparents.
Fathers’ rights
The most important thing regarding Father’s right is to establish paternity. Without establishing paternity, the man may not have any legal custody of the child.
Legal Guardianship
The Legal Guardian is a person who cares for the child on a day to day basis. They have all the legal duties of a parent which includes the provision of food, healthcare, education, and shelter.
Examples of legal guardians would include close family relatives in cases where the parents are unable to care for their children properly. Foster parents are another example. In these cases the foster parents are assigned by the state.
Visitation modification
Sometimes circumstances change with the parents. This may include changes to income, their location, and their health just to name a few. The goal of modifying the visitation schedule is to keep the child’s best interest in mind and do what is best for them. The Colorado courts require changes to the visitation schedule be made with very good reason.
Reasons for a Visitation Modification may include:
- A situation arises where the best interest of the child would be to live with the other parent
- Both parents request and agree to a modification
- A dangerous situation or environment
Legal and physical custody of minor children
Legal and physical custody are the two types of child custody you will find in Colorado. Here is a look at each type:
Legal Custody
Important decisions as to how the child is raised falls under the Legal Custody umbrella. This may include the following:
- Important educational decisions
- The religion the child is exposed to
- Healthcare and dental decisions
- Financial decisions
- Where and what athletics / sports programs the child participates in
Is it possible to have joint legal custody of a child?
It is more likely to have joint Legal Custody of a child as it does not require the parents to live close together.
Physical Custody
A person with Physical Custody of a child will be responsible for the day to day raising of that child. This includes providing physical, emotional, and social needs of the child. It usually requires good communication between the parents, often times this is difficult for at least one parent following a divorce.
Is it possible to have joint physical custody of a child?
Yes, however, it is unlikely unless the parents live in close proximity to each other.
Compassionate Child Custody Law
At Elkus & Sisson, P.C., we know how challenging and emotionally charged this situation is for you, and we are committed to providing our clients with legal representation that is aggressive yet compassionate. Our child custody attorneys will always put the best interest of your family first and keep your goals in mind.
Experienced Family Legal Representation
No matter what family law issue you're facing, the family law attorneys at Elkus & Sisson, P.C. can answer all of your questions. Our team is always available, and we take pride in responding to client’s needs promptly and efficiently.
We believe it is important to explore all of your options and give you the best legal advice for you and your family. With the resources of a large firm and the personal approach of a small firm, our child custody lawyers are prepared to help you with any family law issues you may have.
Our mission is to provide you and your family with experienced legal representation and counsel that is both compassionate and rigorous. We know how hard it is to deal with the loss of a relationship, and we are here to help you ensure that your child custody case is resolved with the care and attention it deserves.
When you hire Elkus & Sisson, P.C. to handle your child custody case, we will provide you with the individualized guidance and advice you need to make decisions with confidence.
Child custody cases can be complex; get help from an experienced child custody attorney. Call Elkus & Sisson, P.C. today at (303) 567-7981.
