Denver Child Custody Lawyer

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 by attorney Robert Pomper. His long and fruitful family law career has given him the compassion and expertise 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.