The good news is that Colorado law does not give preference to either parent. Instead, courts focus on what is in the child’s best interests. Understanding father custody rights in Colorado can help you make informed decisions and protect your role in your child’s life.

If you have questions about your rights as a father during the divorce process or, would like to speak with a Denver child custody attorney, please contact us today.

Table of Contents

1. What Do Fathers’ Custody Rights Look Like in Colorado?
2. Unmarried Father Custody Rights in Colorado
3. How to Get Custody Rights as a Father
4. Can a Father File for Full Custody?
5. Can a Father File for Emergency Custody?
6. How Legal Guidance from Plog & Stein Can Help You
7. Call Plog & Stein Today to Speak With a Child Custody Lawyer

What Do Fathers’ Custody Rights Look Like in Colorado?

In Colorado, the law treats mothers and fathers equally when determining custody. This means fathers have the same rights as mothers to seek parenting time and decision-making authority. Courts focus on the child’s needs and interests rather than outdated assumptions about gender roles.

Generally, both parents should share responsibilities for raising their children unless there are strong reasons not to. Judges consider factors such as the child’s relationship with each parent, the parents’ ability to work together, and any history of domestic violence or substance abuse.

Unmarried Father Custody Rights in Colorado

For married fathers, parental rights are usually automatically established once the child is born. However, an unmarried father’s custody rights are different. In these cases, a father must establish legal paternity before the court will recognize his parental rights.

To establish paternity, you can:

• Sign an Acknowledgment of Parentage form;
• File a paternity case in court; or
• Take a DNA test if there is a paternity dispute.

After establishing paternity, unmarried fathers can request parenting time and decision-making rights, just like married fathers. Without this step, the law may not recognize the father’s rights to custody or visitation.

How to Get Custody Rights as a Father

Many dads wonder how to get custody rights as a father in Colorado. The process generally starts with filing a petition for allocation of parental responsibilities. This petition asks the court to grant you specific parenting time and decision-making authority.

To decide custody matters, the court looks at what is in the child’s best interests. Some of the factors judges consider include:

• The child’s relationship with each parent. Judges may look at who has been the primary caregiver, but both parents’ involvement matters.
• Each parent’s ability to provide a safe and stable environment. Judges consider whether each parent can offer financial stability, secure housing, and emotional support.
• The child’s adjustment to home, school, and community. Courts often try to keep children’s routines as consistent as possible.
• The ability of each parent to support the child’s relationship with the other parent. Judges often favor parents who show cooperation rather than conflict.

Taking steps to stay active in your child’s life, keeping records of your involvement, and showing a willingness to co-parent can strengthen your request for custody.

Can a Father File for Full Custody?

A common question is whether a father can file for full custody in Colorado. The answer is yes. Fathers can request sole decision-making authority or the majority of parenting time. However, full custody is not the norm. Courts generally prefer arrangements that allow children to have meaningful relationships with both parents.

Full custody may be considered in cases where one parent has serious issues that could put the child at risk, such as ongoing substance abuse, domestic violence, or neglect. Even in these cases, judges may allow limited or supervised parenting time for the other parent, depending on what is safe for the child.

Courts will also examine whether the father has been the child’s primary caregiver, the stability of his home, and his ability to meet the child’s physical and emotional needs. Filing for full custody requires clear evidence and careful preparation. Working with a skilled family law attorney can help a parent prepare and present a strong case.

Can a Father File for Emergency Custody?

Sometimes urgent situations arise where a father can file for emergency custody in Colorado. Emergency custody orders aim to protect a child who is in immediate danger, such as situations involving abuse, neglect, or threats to their safety.

To file for emergency child custody in Colorado, a parent must submit a motion with the court explaining why the child is in immediate danger and needs protection. This motion should include supporting evidence, such as police reports, medical records, or witness statements.

If the judge believes the child’s safety is at risk, the court can issue temporary emergency orders, often within a short timeframe, before scheduling a full hearing to review the situation in more detail.

How Legal Guidance from Plog & Stein Can Help You

Custody disputes can be some of the most stressful and emotional parts of divorce or separation. Custody cases involve complicated laws, detailed court procedures, and high emotional stakes.

Having experienced legal guidance makes a world of difference. An attorney can explain your rights in plain language, help you gather the proper evidence, and present your case to the judge to protect your relationship with your child.

At Plog & Stein, P.C., our attorneys have over 50 years of combined experience in Colorado family law. We take a logical, well-prepared approach to custody cases, helping fathers and mothers understand their options and protect their parental rights. Our team provides clear communication and practical strategies to support you throughout the process.

Our knowledge of Colorado custody laws and the local court system allows us to build a strong case that reflects what is best for your child. We also recognize the long-term impact custody decisions can have and work to create solutions that provide stability and peace of mind for families.

Call Plog & Stein Today to Speak With a Child Custody Lawyer

If you are trying to understand the scope of father custody rights in Colorado or considering filing for custody, the attorneys at Plog & Stein can help. We can explain your options, represent you in court, and work toward a custody arrangement that protects you and your child.

Contact us today to schedule a consultation and learn how we can help you with your custody case.

If you are considering moving with your child, contact our experienced Denver child custody attorneys today to ensure your relocation request complies with Colorado law and protects your parental rights.

Table of Contents

1. Understanding Relocation in Colorado Custody Cases
2. Pre-Final Orders Relocation
   1. The Spahmer Analysis
3. Post-Final Orders Relocation
   1. Proper Legal Process
   2. Court Considerations
4. Practical Steps for Parents Considering Relocation
   1. For the Moving Parent
   2. For the Non-Moving Parent
5. Colorado Courts’ Perspective
6. Get in Contact with a Child Custody Lawyer Today

Understanding Relocation in Colorado Custody Cases

Though we can all look back to a time when people were born and raised in one town or state, today’s families are far more transient. Employment transfers, school opportunities, military assignments, and family support networks often require relocation. For intact families, moves are generally straightforward. For parents involved in custody or divorce cases, however, relocation requires careful navigation of the law.

Relocation cases fall into two main categories:

1. Pre-final orders relocation – Moves requested prior to the entry of permanent custody orders.

2. Post-final orders relocation – Moves requested after final custody or parenting time orders are in place.

The legal standards, procedures, and risks vary significantly between these scenarios.

Pre-Final Orders Relocation

Prior to final custody orders, both parents generally have equal rights to the children. There is no statute that outright prohibits one parent from moving. However, if a case is pending, Colorado Revised Statutes §§14-10-107 and 14-10-123 prevent one parent from relocating with children without the other parent’s consent or a court order.

Courts may order a returning of children to Colorado if a parent leaves without proper authorization, depending on timing, notice, and best interests of the child.

The Spahmer Analysis

In pre-final orders situations, Colorado courts apply the Spahmer v. Guilette, 113 P.3d 158 (2005) framework:

• The court evaluates which parent is better suited for primary residential custody, considering the move.
• The focus is on the child’s best interests, not which parent has better schools or community resources.
• Courts may enter alternative custody arrangements depending on whether the parent moves or stays.
• Travel costs, parenting time, and maintaining the child’s relationship with the non-moving parent are considered.

A successful relocation request under Spahmer requires presenting a clear, reasonable justification and demonstrating that the move will not harm the child’s relationship with the other parent.

Post-Final Orders Relocation

Once permanent orders are in place, relocation becomes more legally complex. If a parent moves without permission, they may:

• Violate parenting time orders under C.R.S. 14-10-129.5.
• Face contempt of court proceedings, supervised visitation, or even criminal liability in extreme cases.
• Trigger enforcement actions, potentially including the Uniform Child Abduction Prevention Act.

Proper Legal Process

The correct approach is to file a Motion to Modify Parenting Time under C.R.S. 14-10-129, specifically requesting relocation under subsection (2)(c). This applies not only to moves out of state, but also moves within Colorado that significantly change the geographical ties between the child and the non-relocating parent (e.g., moving from Castle Rock to Boulder or Fort Collins to Colorado Springs).

Court Considerations

Courts evaluate relocation requests using best-interest standards outlined in C.R.S. 14-10-124 and (2)(c) of 14-10-129. Factors include:

1. Reason for the proposed move.
2. Objections of the non-relocating parent.
3. History and quality of each parent’s relationship with the child.
4. Educational opportunities at the current and proposed location.
5. Presence or absence of extended family.
6. Advantages to the child remaining with the primary parent.
7. Anticipated impact of the move on the child.
8. Feasibility of reasonable parenting time for the non-relocating parent.
9. Any other relevant factors affecting the child’s best interests.

Because relocation requests can arise suddenly (e.g., a job transfer), statutes indicate such motions should receive priority on the court docket, though wait times vary by county.

Practical Steps for Parents Considering Relocation

For the Moving Parent

• Communicate intentions to the other parent in writing.
• Draft a relocation proposal including: new location, schools, doctors, activities, family nearby, and a proposed parenting time schedule.
• Ensure the request is justified and supported with evidence; vague reasons such as “wanting a new job” are generally insufficient.
• If the other parent consents, formalize the agreement in writing (Stipulation) and file with the court.

For the Non-Moving Parent

• Clearly communicate objections in writing without harassment.
• Present valid reasons to oppose the relocation: disruption to child’s schooling, lack of support network, or impact on existing parent-child relationships.
• Consider requesting a modification of parenting time to become the primary caregiver under best-interest standards if relocation significantly disrupts current arrangements.

Colorado Courts’ Perspective

• Courts do not generally favor relocation; requests are highly scrutinized.
• The primary concern is the impact on the child’s relationship with both parents.
• Resilient children, careful planning, and structured long-distance parenting time can mitigate risks.
• Moving with proper legal guidance can still succeed if presented effectively.

Get in Contact with a Child Custody Lawyer Today

Relocation with children is one of the most challenging aspects of Colorado family law. Whether pre- or post-final orders, success depends on:

• Understanding the relevant laws (Spahmer, Ciesluk, C.R.S. 14-10-124/129).
• Preparing thorough documentation and justification.
• Maintaining clear communication with the other parent.
• Seeking experienced legal counsel to guide strategy and filings.

Contact our Denver family law attorneys today to discuss your relocation options and ensure your children’s best interests are protected throughout the process.

A parenting plan is more than just a legal requirement; it’s the blueprint for your children’s lives post-separation, designed to shield them from turmoil and give you a clear path forward. Many parents, however, struggle with what to include in a parenting plan, fearing that one missed detail could lead to years of disputes. Let’s build a better blueprint together.

Table of Contents

1. How to Make a Parenting Plan: The Parenting Plan Checklist
   1. Allocation of Parental Responsibilities
   2. Parenting Time Schedule
   3. Transportation and Exchanges
   4. Communication Protocols
   5. Resolving Future Disagreements
2. What I Wish I Put in My Parenting Plan: Additional Considerations
3. Our Dedication to Colorado Families
4. We Can Help You Determine What to Include in a Parenting Plan Today

How to Make a Parenting Plan: The Parenting Plan Checklist

Colorado law sets forth specific requirements for how to make a parenting plan, whether you and the other parent agree on the terms or the court has to decide for you. The ultimate goal is to serve the best interests of the child. A thorough parenting plan checklist should address several key areas to minimize future disagreements and provide a clear roadmap for both parents.

Allocation of Parental Responsibilities

This is the cornerstone of your parenting plan and one of the most significant things to include in a parenting plan for your children. Colorado law requires the plan to specify whether significant decisions will be made jointly by both parents or solely by one. These decisions typically include:

• Non-emergency healthcare—covers everything from selecting a pediatrician to determining the best medical treatments;
• Education—includes choices about schooling, tutoring, and other educational matters; and
• Religious upbringing—your plan should outline how decisions regarding the children’s religious life will be made.

The plan must establish a framework for how parents will communicate with each other and make these critical decisions for their children’s welfare.

Parenting Time Schedule

A detailed parenting schedule is essential for providing children with consistency and routine. The plan must include a specific, written schedule that clearly states:

• Regular parenting time—when the children will be with each parent during a typical week or month;
• Holiday parenting time—a schedule for major holidays, such as Thanksgiving, Christmas, and Hanukkah, which often supersedes the regular schedule; and
• Vacation parenting time—guidelines for how and when each parent can schedule vacation time with the children, including any notice requirements.

This schedule should be practical and account for the children’s ages, developmental needs, and school schedules. Having this documented helps prevent misunderstandings about who the children are supposed to be with and when.

Transportation and Exchanges

Logistics are a common source of friction between co-parents. A parenting plan should proactively address how children will travel between the parents’ homes. Consider including details such as:

• Designated exchange locations—a neutral place for exchanges, like the children’s school or a public library;
• Responsibility for transportation—which parent is responsible for picking up or dropping off the children; and
• Timing of exchanges—the specific times that exchanges will occur to avoid misunderstanding and confusion.

Clarifying these details in writing can significantly reduce stress and potential conflict during exchanges.

Communication Protocols

Clear and respectful communication is vital for successful co-parenting. The plan must dictate how parents will communicate about the children. This section should outline:

• Methods of communication—whether you will use a co-parenting app, email, text messages, or phone calls;
• Frequency of communication—how often parents should expect to communicate about routine matters; and
• Access to records—a provision ensuring both parents have access to important school and medical records.

Setting these expectations helps ensure that both parents remain informed and involved in their children’s lives without unnecessary disputes over how and when information is shared.

Resolving Future Disagreements

Even the most detailed plan cannot anticipate every future issue. Colorado law requires that your parenting plan include a process for resolving future disputes. This might involve:

• Mediation—agreeing to attend mediation with a neutral third party before returning to court, or
• Parenting coordinator/decision-maker—appointing a professional to help resolve disagreements or make decisions when parents are at an impasse.

Including a dispute resolution method demonstrates a commitment to resolving conflicts amicably and can save significant time, money, and emotional strain in the long run. It’s an essential part of what to include in a parenting plan.

What I Wish I Put in My Parenting Plan: Additional Considerations

While the law mandates certain elements, a truly effective parenting plan often goes beyond the basics. Thinking ahead about potential issues can make your plan more durable and less prone to conflict. Other items you might consider adding include:

• Relocation. What happens if one parent wants to move a significant distance away?
• Extracurricular activities. How will decisions about sports, lessons, and other activities be made and paid for?
• New partners. How will you introduce new romantic partners to children?
• Travel. What rules will you have for out-of-state or international travel with children?

Addressing these topics upfront can provide clarity and prevent future court battles as your family’s circumstances evolve. Thinking through what to include in a parenting plan now can save you stress later.

Our Dedication to Colorado Families

Since 1999, the team at Plog & Stein P.C. has dedicated itself exclusively to Colorado family law. Our firm is built on a team approach, meaning your case benefits from the collective insights and experience of our attorneys and paralegals. Having litigated thousands of hearings in courtrooms across the Denver metro area, including those in Arapahoe, Douglas, and Jefferson counties, we bring a calculated and strategic mindset to every case. We understand that readiness for trial is key, but we also recognize that a dignified resolution can often be found through skilled negotiation. This dual focus enables us to help you figure out how to set up a parenting plan.

We Can Help You Determine What to Include in a Parenting Plan Today

A blank page in a parenting plan can feel like a map with no roads, leaving your children’s future uncertain. Let’s fill that page with clarity and purpose. Instead of worrying about what you might be missing, take decisive action. Contact our office or complete our online form today to schedule a consultation and provide your family with the stable foundation it deserves to move forward.

In Colorado, the law provides a framework for creating a detailed, customized plan that prioritizes your child’s unique needs. We can help you build a forward-thinking agreement that addresses every facet of your child’s well-being, transforming uncertainty into a clear and stable path forward.

Table of Contents

1. Colorado Law and the Best Interests of the Child
2. Crafting a Parenting Plan for a Special Needs Child
3. Navigating Special Needs Child Custody
4. How to Get Custody of a Special Needs Child: A Proactive Approach
5. The Unique Challenges of a Divorce with a Special Needs Child
6. Why Choose Plog & Stein P.C. for Your Case
7. Contact Our Firm Today to Discuss Your Family’s Needs

Colorado Law and the Best Interests of the Child

A single principle governs every decision regarding parenting time and decision-making authority in Colorado: the best interests of the child. When a child has special needs, the court’s analysis becomes even more focused and detailed. Judges must consider a set of specific factors to determine what arrangement best supports a child’s health, safety, and development.

According to state law, these factors include:

• The child’s adjustment to their home, school, and community;
• The mental and physical health of the child and all individuals involved;
• The ability of the parents to place the child’s needs ahead of their own; and
• The ability of the parents to cooperate and make decisions jointly.

For a child with special needs, consistency in their environment and routine is often paramount. We use these legal factors to demonstrate to the court why a specific schedule, decision-making structure, or support system is essential for your child’s stability and progress.

Crafting a Parenting Plan for a Special Needs Child

A generic parenting plan is insufficient when a child requires specialized care. A robust parenting plan for a special needs child must be highly detailed, anticipating future challenges and clearly defining responsibilities. This document serves as a comprehensive guide for co-parenting and is a crucial tool for minimizing future conflict. Key areas requiring specific attention include:

• Major decision-making. The plan must designate who makes critical decisions regarding medical care, education, and general welfare, including choices about doctors, therapists, medications, and individualized education programs (IEPs). It can also outline a process for resolving disagreements.
• Parenting time and transitions. A consistent schedule is often vital. The plan should detail the regular parenting schedule while also creating clear protocols for managing transitions between homes to minimize stress for the child.
• Child support and extraordinary expenses. Child support calculations may need to be adjusted to account for expenses beyond basic living costs. These can include therapies, specialized equipment, private schooling, and other extraordinary medical or educational expenses.
• Communication protocols. The plan should specify how parents will communicate about appointments, progress reports, and emergencies. This can include shared calendars or communication logs to ensure vital information is never missed.
• Future planning. The plan can address long-term considerations, such as plans for the child’s care and financial support after they reach the age of 18, including discussions of guardianship and special needs trusts.

By thoughtfully addressing these elements, your parenting plan becomes a powerful tool for ensuring your child continues to thrive after the divorce is finalized.

Navigating Special Needs Child Custody

In Colorado, the term custody refers to the allocation of parental responsibilities. The focus of special needs child custody cases is not on one parent winning but on creating a cooperative and supportive structure for the child. Courts strongly favor arrangements where both parents are actively involved. If there is one parent who has historically managed the child’s medical care, coordinated with schools, and scheduled therapies, they are often well-positioned to continue this role.

How to Get Custody of a Special Needs Child: A Proactive Approach

When clients ask how to get custody of a special needs child, we shift the focus to demonstrating capability and commitment. Success lies in presenting to the court that you have been the parent who has had a significant role in providing a stable, nurturing environment that meets all the child’s unique needs. This involves:

• Gathering comprehensive documentation—collect medical records, therapy reports, IEPs, and communication with providers;
• Maintaining the primary caregiver role—continue scheduling appointments, administering medications, and serving as the primary point of contact for schools and doctors; and
• Proposing a detailed and realistic parenting plan—present a plan that clearly shows you have thought through every aspect of your child’s life and have practical solutions for co-parenting.

Our role is to help you organize this information and present it logically and persuasively, showing that your proposed plan is truly in your child’s best interest.

The Unique Challenges of a Divorce with a Special Needs Child

A divorce with a special needs child carries unique emotional and financial weight. You may be concerned about your child’s ability to adapt to new living arrangements or the financial strain of maintaining a high level of care across two households. It is a situation that demands more than just standard legal advice; it requires a legal strategy built on a deep understanding of the practical, day-to-day realities your family faces. A comprehensive parenting plan for a special needs child is the cornerstone of that strategy.

Why Choose Plog & Stein P.C. for Your Case

Since 1999, the attorneys at Plog & Stein P.C. have focused exclusively on Colorado family law. This singular focus gives us a deep understanding of how Denver-area courts approach complex and sensitive cases. We have built our reputation on providing intelligent, strategic, and insightful representation. We are skilled negotiators who can foster cooperation, and we are always prepared to advocate forcefully in the courtroom when necessary to protect your family’s future.

Contact Our Firm Today to Discuss Your Family’s Needs

Navigating a divorce is difficult, and the stakes are even higher when you have a child with special needs. We are here to provide the experienced legal guidance you need. Contact Plog & Stein P.C. today to schedule a consultation.

Table of Contents

1. New Marriage, Old Obligations: Does the Law Adjust?
2. Does Child Support End If You Remarry?
3. Does a New Partner Affect Child Support or Custody?
4. When Remarriage Might Prompt a Legal Review
5. Filing for a Modification in Colorado
   1. Is It Worth Filing for Modification After Remarriage?
6. What Doesn’t Change with Remarriage
7. Why Clients Across Colorado Trust Plog & Stein, P.C.
8. Let’s Talk About Your Next Step

New Marriage, Old Obligations: Does the Law Adjust?

One of the most common questions we hear is, Does child support change if you get married? The answer is usually no. Colorado courts focus on the child’s legal parents when calculating or modifying child support, not the new spouse.

Under state law, child support is based on the incomes (financial resources) of both biological or adoptive parents, parenting time, and other relevant factors. The income of your new spouse or your co-parent’s new spouse isn’t automatically factored into this calculation.

However, remarriage can indirectly impact your financial situation in various ways:

• The remarried parent might experience lower household expenses due to shared costs;
• They may now have new financial obligations, such as stepchildren or a larger home; or
• They could also see changes in their income, either from a new job or cutting hours to manage a blended family.

These changes in financial circumstances could be grounds to modify child support.

Does Child Support End If You Remarry?

Child support obligations don’t vanish just because a parent remarries. In Colorado, child support generally continues until age 19 unless special circumstances apply, such as continued education or disability.

If a parent’s finances take a turn after remarrying, you might be able to adjust your support payments. But keep in mind that you must show a substantial and continuing change in economic circumstances, not just a temporary bump.

Does a New Partner Affect Child Support or Custody?

This one is trickier. In terms of dollars and cents, a new partner doesn’t directly affect how much either parent pays or receives in support. However, when it comes to custody and parenting time, a new spouse can play a larger role.

Colorado courts always prioritize the best interests of the child. That means any major changes in a parent’s household, including a new spouse, new step-siblings, or a new living arrangement, can affect custody agreements. If one parent believes the other’s remarriage is causing stress, instability, or concern for the child’s well-being, they may petition for a change in parenting time.

However, a judge won’t modify custody simply because you got married again. They need proof that the child’s well-being is affected or that the arrangement no longer works.

When Remarriage Might Prompt a Legal Review

While there is no automatic change, certain situations may warrant a legal reassessment:

• Significant financial change. If a parent’s remarriage comes with a notable shift in income or expenses, that might be grounds for a child support modification.
• New step-parent influence. If a new spouse is heavily involved in raising your child, or a conflict arises between the new spouse and a parent, that might impact custody arrangements.
• Relocation or remarriage out-of-state. Moving due to a new marriage may require court approval and could lead to changes in parenting time. Changes in parenting time can also lead to changes in child support.
• Requests to terminate or reduce support. The paying parent may request lower support based on new financial obligations. However, the court will still look at the child’s needs first.

Each of these scenarios involves a case-by-case analysis. The court requires more than just your word. You must provide documentation and a strategic plan.

Filing for a Modification in Colorado

If remarriage has changed you or your co-parent’s financial picture or living situation, you might believe it justifies modifying support or custody. The next step is filing a modification motion with the court. Either parent may request a modification anytime by demonstrating a significant and ongoing change in circumstances.

So, what qualifies as a significant change in the eyes of the court? The law generally requires at least a 10% change in the amount of support owed. The change must be expected to continue and not just be a short-term issue. The court may also consider factors like changes in parenting time, medical expenses, or the child’s educational needs.

Is It Worth Filing for Modification After Remarriage?

Suppose your financial or living situation or that of your child’s other parent has changed substantially, and you have documentation to support your claims. In that case, it may be worth exploring a modification request.

What Doesn’t Change with Remarriage

Getting remarried alone won’t change your parenting plan. However, if a shift in one parent’s household dynamic impacts your child’s well-being, the court may take a second look at:

• Existing court orders;
• Legal custody arrangements;
• The child support amount, unless formally modified; and
• Your right to parenting time.

If you rely on an informal agreement with your ex or assume the new family dynamics will speak for themselves in court—you could be mistaken. Protect yourself by being proactive and seeking legal advice before issues escalate.

Why Clients Across Colorado Trust Plog & Stein, P.C.

With over 50 years of combined experience handling Colorado divorce, custody, and support matters, our attorneys at Plog & Stein, P.C. know that no two families are alike. That’s why we take an innovative, honest, and efficient approach to every case. Whether you’re modifying child support after a remarriage, handling custody disputes, or deciding whether to settle or litigate, we offer legal strategies tailored to your goals.

We also provide unbundled legal services, from document review to advice sessions, for those who want focused support without full representation. Our firm proudly serves individuals throughout the Denver metro area and beyond, and we understand how legal issues and court practices can vary county by county.

Let’s Talk About Your Next Step

Does remarriage affect child support or custody? We hope that we’ve shed some light on this question for you, but remember, you don’t have to face this situation alone. You have questions, and we have a legal strategy to help protect your rights and prioritize your child’s future. Tell us what’s changed. We’re here to help you make strategic, confident choices for your family’s future. Speak with one of our attorneys today.

Resources:

• Best interest of the child, C.R.S. 14-10-124, link.
• Changing Your Order. Colorado Child Support Services, link.
• Family Law Programs. Colorado Judicial Branch, link.
• Parenting Time. Colorado Legal Services, link.

Colorado family courts focus on what benefits the child the most, not just what parents want. Understanding custody and the best interests standard can feel overwhelming, but you don’t have to navigate it alone. At Plog & Stein P.C., we help parents like you understand their rights and options. Call us today or contact us online to get the guidance you need.

Navigating custody decisions can be overwhelming. Colorado courts prioritize your child’s well-being by evaluating factors like emotional bonds, stability, and safety. Understanding these considerations can help you advocate effectively for your child’s best interests. GET HELP HERE

Table of Contents

1. The Best Interest of the Child Standard
2. Best Interest of the Child and How It Affects Parental Rights
3. Engage Experienced Parental Rights Attorneys at Plog & Stein P.C. Today! Full Name*(—) ——–*Email* Message*Disclaimer Please do not include any confidential or sensitive information in this form. This form sends information by non-encrypted email which is not secure. Submitting this form does not create an attorney-client relationship. CommentsThis field is for validation purposes and should be left unchanged. Δ
4. What Is Not in the Best Interest of the Child?
5. Best Interest of the Child Checklist
   1. Example One
   2. Example Two
   3. Example Three
6. Take the Next Step—Protect Your Parental Rights with Plog & Stein P.C.

The Best Interest of the Child Standard

Colorado courts use the best interest of the child standard to make custody decisions. This means they evaluate multiple factors to decide what will promote a child’s safety, happiness, and well-being. The court does not favor one parent over the other based on gender. Instead, the judge looks at specific factors to determine a parenting plan that best supports the child.

Some key factors considered include:

• The child’s relationship with each parent;
• The ability of each parent to provide a stable home;
• The child’s adjustment to home, school, and community;
• The physical and mental health of both parents and the child;
• Each parent’s ability to encourage a relationship between the child and the other parent; and
• Any history of domestic violence or substance abuse.

Ultimately, courts strive to create a parenting arrangement that fosters a loving, stable, and supportive environment for the child.

Best Interest of the Child and How It Affects Parental Rights

Parents have legal rights, but when it comes to custody, those rights must align with the best interest of the children. Courts recognize that children generally benefit from relationships with both parents. However, if one parent poses a risk to the child’s well-being, the court may limit that parent’s custody or visitation rights.

Parents who want custody should demonstrate:

• A history of active involvement in the child’s life;
• The ability to provide a safe and stable environment; and
• A willingness to work with the other parent for the child’s benefit.

Legal guidance can help protect parental rights while focusing on what is best for the child.

Engage Experienced Parental Rights Attorneys at Plog & Stein P.C. Today!

What Is Not in the Best Interest of the Child?

Certain behaviors and situations can negatively affect children, thereby impacting custody decisions. Courts will consider anything that may harm the child’s safety, emotional well-being, or stability.

The following factors can hurt a parent’s custody case:

• Substance abuse issues,
• History of domestic violence or neglect,
• Frequent moves or unstable housing,
• Refusing to support the child’s relationship with the other parent, and
• Mental health concerns that impact parenting ability.

If either parent exhibits any of these traits, the court may order supervised visitation or limit their parental responsibilities. Parents should address any concerns early to strengthen their custody case.

Best Interest of the Child Checklist

If you’re preparing for a custody case, consider this checklist to improve your chances of a favorable outcome:

• Maintain a stable home environment. Courts favor consistent, safe living situations. A predictable routine and a secure home can help children feel safe and supported.
• Stay involved in school and activities. Show that you actively support your child’s education and interests. Attending school meetings, extracurricular activities, and medical appointments demonstrates commitment.
• Encourage a positive relationship with the other parent. Parental cooperation benefits your case. Being open to communication and co-parenting agreements can reflect positively in court.
• Follow court orders and agreements. Demonstrating responsibility matters. Courts look favorably upon parents who respect legal agreements and parenting plans.
• Avoid conflicts in front of your child. Courts consider how parents handle disagreements. A peaceful environment reduces stress for the child and supports emotional stability.
• Prioritize your child’s emotional and physical well-being. Providing love, discipline, and a stable environment with consistent routines helps ensure your child’s overall happiness and sense of security.

By following these guidelines, you can demonstrate to the court that you are fully committed to your child’s best interests.

Best Interest of the Child Examples

Each case is unique, but below are some examples of how courts may apply the best interest of the child standard.

Example One

A mother and father both want primary custody. The child has lived primarily with the mother and is doing well in school. The father has moved multiple times in the past year. The court may decide that stability with the mother is in the child’s best interest while granting the father regular visitation.

Example Two

One parent has a history of substance abuse but has completed a treatment program. The other parent is concerned about safety. The court may allow visitation but require proof of continued sobriety. Regular drug and alcohol testing may be mandated to ensure the child’s safety, and the court might order supervised visitation until the parent proves long-term sobriety.

Example Three

A child has a strong bond with both parents, and both provide stable homes. The court may grant joint custody to ensure the child continues to benefit from both relationships. The judge may establish a parenting plan that includes equal or near-equal time with each parent. However, the court will consider factors such as school schedules and the child’s age to attempt to create a smooth transition between homes.

Take the Next Step—Protect Your Parental Rights with Plog & Stein P.C.

Navigating a child custody battle can feel overwhelming, with so much at stake for you and your child’s future. It can feel daunting to navigate the intersection of the best interest of the child and parental rights. However, you don’t have to face this challenge on your own, as strong legal representation can make a significant difference.

At Plog & Stein P.C., we provide compassionate guidance and strong legal representation to protect your child’s future. Our team understands the challenges of custody cases and is ready to help. If you need to understand your rights and options, call us today or contact us online to schedule a consultation. Your child’s well-being matters, and we’re here to fight for the best possible outcome for your family.

The Colorado family law attorneys at Plog & Stein, P.C. deal with simple and intricate matters related to child support. Though most child support cases are fairly black-and-white, with incomes and other factors which lead to a child support calculation and monthly figure being apparent, there are instances in which deviations from the norm are warranted under statute.

One such instance relates to children with special needs and the financial ramifications that may ensue as a result of such, and as per statute.

If you have questions about child support for your disabled child in Colorado, the child support lawyers at Plog & Stein, P.C. are here to help you navigate the statutes and laws. To speak with our firm today, please contact us today.

Table of Contents

1. Understanding Colorado Child Support for Your Disabled Child
2. When Does Child Support End in Colorado?
3. Child Support Beyond Age 19 for a Disabled Child
4. How Colorado Courts Define Disability
5. The Role of Social Security Disability Benefits
6. Modification of Child Support Orders (10% Rule)
7. Talk to a Colorado Child Support Attorney Today

When Does Child Support End in Colorado?

Specifically, C.R.S. 14-10-115, the general Colorado child support statute, sets forth two instances in which a child’s disability may impact child support. One such instance relates to when the duty to pay child support terminates.

The other concerns disability payments a child may receive from the Social Security Administration for his or her disability.

The general rule of thumb followed by Denver family law lawyers is that child support, or the duty to pay such, terminates when a child reaches 19 years of age. However, there are exceptions, one of which is that child support can extend beyond that age for a child who is “disabled.”

Child Support Beyond Age 19 for a Disabled Child

Specifically, C.R.S. 14-10-115 (13)(II) states that child support can continue “If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of nineteen.”

However, statue does not necessarily define “disabled”. In many instances, disability is readily apparent. In others, disability may not be readily seen, such as in cases of autism.

The statute makes no distinction and, again, includes “mental” as well as physical. It is often the case that parents will obtain Social Security benefits for a child, which can continue after the child reaches age 19.

How Colorado Courts Define Disability

Most courts will take the designation of “disabled” by the Social Security Administration to be proof enough of the disability. However, some courts may take a deeper look into the factual circumstances. One can receive Social Security, yet still be able to work, function independently, go to school, etc.

Each case is different from a factual standpoint, and a Denver child support attorney should be able to assist in ascertaining the strengths and weaknesses of a request to extend child support beyond age 19 due to disability.

The Role of Social Security Disability Benefits

A second aspect in which the disability of a child may come into play as relates to child support also ties into Social Security. Pursuant to statute, C.R.S. 14-10-115 (11)(b) authorizes adjustments or deductions to the normal child support guideline amounts based upon “Any additional factors that actually diminish the basic needs of the child….”

The most common instance in which we see this clause invoked relates to income of the child. In fact, the software that we attorneys use to calculate child support actually has a section for purposes of inputting the income of a child. This income would also include Social Security benefits received by a disabled child.

Of course, the presumption is that the money received is being used to reduce the child’s basic financial needs, meaning it is being spent on essentials such as food, clothing, and shelter. This presumption is also an expectation of the Social Security Administration.

The Social Security benefits received will generally go into the child support calculation on the side or column for the person with whom the disabled child resides. By adding the income to the column, the bottom line child support amount goes down.

The irony with this scenario is that as child support goes down, the Social Security payment can go up, and as the Social Security payment goes up, child support can go down. Thus, a circular pattern and logistical issue can arise.

Modification of Child Support Orders (10% Rule)

However, the statute alleviates this issue somewhat by requiring a 10% or more change to the existing child support amount before a C.R.S. 14-10-122 modification of child support can occur.

When dealing with issues related to child support, Social Security, and your disabled child, it is important to know the ins and outs of the subject. Becoming aware of these intricacies should absolutely entail discussions with the Social Security Administration to learn exactly how a child support order can affect the benefit to be received.

Finally, the perplexing aspect of this analysis to us is that the statute allows for the continued support of a disabled child, yet may very well authorize the lowering of that support should federal benefits be gained.

At this time, there is no easy fix to the conundrum. Your child will always be your child. Some will need the financial assistance of their parents longer than others. Fortunately, the Colorado legislature recognizes this and makes allowances for such in the child support statutes.

Talk to a Colorado Child Support Attorney Today

If you are facing questions about child support as related to your disabled child, you don’t have to navigate the process alone. Our child support attorneys understand the unique challenges these cases present and can guide you through options for continued support, benefit coordination, and possible modifications.

Contact Plog & Stein, P.C. today to discuss your case and protect your child’s future.

If a non-custodial parent does not exercise court-ordered visitation, the custodial parent must still comply with the parenting plan, but the court may take further action. While the custodial parent cannot legally deny future visits unless modified by the court, repeated failure to exercise visitation can impact future custody modifications, child support, and parenting time arrangements. Courts in Colorado may view the non-custodial parent’s lack of involvement as a reason to adjust parenting responsibilities if it is not in the child’s best interests.

Over decades of practicing family law in Colorado, I have encountered a wide range of case scenarios and answered countless client questions. One question that occasionally arises is, “What can I do if the non-custodial parent does not exercise visitation?” While family law attorneys often deal with cases involving denial of parenting time, it’s less common to address situations where a parent fails to exercise court-ordered parenting time. However, these cases do occur.

When a father does not exercise visitation or a non-custodial parent consistently skips their parenting time, the legal remedies may not be straightforward. Depending on the circumstances, several options might be available under Colorado law, such as:

• C.R.S. 14-10-129: Modifications of parenting time orders.
• C.R.S. 14-10-129.5: Addressing parenting time disputes.
• C.R.C.P. Rule 107: Pursuing contempt of court.
• C.R.S. 14-10-115: Modifying child support obligations.

Each case requires a detailed analysis to determine the most appropriate course of action based on the specific facts. Let’s delve deeper into these options.

Table of Contents

1. Legal Expectations for Parenting Time
2. Modifying Parenting Time Orders
3. Financial and Logistical Impacts
4. Considerations Before Pursuing Legal Action
5. Consulting a Family Law Attorney
6. FAQs: When a Non-Custodial Parent Misses Visitation in Colorado
   1. What happens if the non-custodial parent doesn’t show up for visitation?
   2. Can I stop visitation if the other parent keeps missing it?
   3. Does missing parenting time affect child support?
   4. Can I ask the court to change custody if the other parent never uses their parenting time?

Legal Expectations for Parenting Time

When parenting time orders are established, whether through an agreement or court ruling, it is expected that parents will comply and actively engage in their designated time with the child. Unfortunately, some parents fail to meet these obligations for various reasons, such as schedule conflicts, relocation, strained relationships with the child, or personal challenges. When a non-custodial parent does not exercise visitation, it can raise concerns about the well-being of the child and the custodial parent’s burden.

The first step in addressing this issue is to evaluate the reasons behind the non-custodial parent’s failure to exercise court-ordered parenting time. Common questions to consider include:

• Why is the parent neglecting their parenting time?
• How long has this behavior persisted?
• What is the age of the child?

If the failure to exercise visitation is unjustified and prolonged, typically lasting six months to a year, courts are more likely to consider modifications to the parenting time arrangement.

Modifying Parenting Time Orders

When a father or non-custodial parent does not exercise visitation, seeking a modification of parenting time orders under C.R.S. 14-10-129 may be appropriate. This statute allows for adjustments to parenting time based on the child’s best interests. Courts will examine:

• The reasons for the non-compliance.
• The duration of the neglect.
• The impact on the child’s well-being.

For instance, valid reasons such as substance abuse, mental health issues, or significant relocation are more likely to result in a favorable modification than excuses like a work schedule change. In some cases, courts may adjust the schedule rather than reduce the overall parenting time.

Financial and Logistical Impacts

When the non-custodial parent’s failure to exercise visitation imposes financial or logistical burdens on the custodial parent, additional remedies may be pursued. C.R.S. 14-10-129.5 addresses parenting time disputes and provides the court with broad discretion to resolve these issues. Potential outcomes include:

• Modifying parenting time orders.
• Requiring the non-compliant parent to cover additional childcare costs incurred by the custodial parent.
• Ordering the non-custodial parent to post a bond as assurance of compliance.
• Awarding attorney fees and court costs to the custodial parent.

While using this statute to address a parent’s failure to exercise visitation is uncommon, it can be an effective tool depending on the circumstances.

Considerations Before Pursuing Legal Action

Before proceeding with court action, it’s essential to weigh the potential consequences. For example, if the child is thriving despite the non-custodial parent’s absence, it may be better to let the situation remain unchanged. However, if the custodial parent’s finances or daily responsibilities are adversely impacted, legal remedies can provide relief.

Consulting a Family Law Attorney

Navigating situations where a non-custodial parent does not exercise visitation requires careful consideration of the legal options and the child’s best interests. An experienced family law attorney in Denver can assess your unique situation and guide you toward the most effective resolution.

Contact us today to schedule a consultation.

FAQs: When a Non-Custodial Parent Misses Visitation in Colorado

What happens if the non-custodial parent doesn’t show up for visitation?

If the non-custodial parent repeatedly fails to exercise their court-ordered parenting time, it can cause disruption to the child’s routine and place unnecessary stress on the custodial parent. However, the custodial parent must still comply with the parenting plan unless it is legally modified.

Can I stop visitation if the other parent keeps missing it?

No, you cannot unilaterally deny visitation even if the other parent frequently fails to show up. Colorado courts require formal modification through the court system. Acting on your own could result in being found in contempt of court.

Does missing parenting time affect child support?

No, parenting time and child support are treated as separate legal matters. A non-custodial parent who misses visitation is still legally obligated to pay child support as ordered by the court.

Can I ask the court to change custody if the other parent never uses their parenting time?

Possibly. While infrequent visitation alone may not automatically trigger a change, it could be used as evidence in a motion to modify parenting time or decision-making if it’s no longer in the best interest of the child.

In this article, we discuss your options for modifying parenting time. When you are ready to ask the court for a change in your parenting time order, Plog & Stein, P.C. can expertly handle your case and make the process as smooth as possible. We have represented thousands of clients in family law courts and are ready to do what it takes to achieve the best outcome for you.

Table of Contents

1. Grounds for Filing to Modify Parenting Time
2. Reasons to Modify Parenting Time
3. When to File a Motion to Modify Parenting Time in Colorado
4. Our Job Is to Protect Your Family

Grounds for Filing to Modify Parenting Time

Under Colorado law, C.R.S. 14-10-129, a court can modify a parenting time order when the change would be in the best interests of the child. The law assesses the best interests of a child by evaluating the following:

• The wishes of the child if they are mature enough to give independent and reasoned preferences regarding parenting time;
• How well the child has adjusted to their current home, community, and school;
• The physical and mental health of everyone involved;
• The wishes of both parents;
• Any testimony or reports involving domestic violence;
• The ability of each parent to encourage contact, love, and affection between the child and the other parent;
• The physical proximity of each parent to the other;
• The interrelations and interaction of the child with each parent, the child’s siblings, and other significant individuals in the child’s life;
• The ability of each parent to put the child’s needs above their own needs; and
• Whether there are past patterns of parental involvement with the child that reflect a system of mutual support, values, and time commitment.

Keep in mind that when a family law judge makes a decision about parenting time, they will often seek a setup that encourages continuing and frequent contact between the child and each parent unless the case involves sexual assault, abuse, domestic violence, or neglect.

Reasons to Modify Parenting Time

Some events, however, justify a motion to modify a parenting time order as the best interests of a child can sometimes change. The following instances may warrant a modification of parenting time:

• A change in the child’s educational or medical needs;
• A parent’s behavior taking a turn for the worse or better;
• A parent needing to move far away for health or financial reasons;
• A change in a parent’s financial stability;
• A child in imminent emotional or physical danger because of a parent’s actions;
• A parent has been convicted of a crime;
• A change to a parent’s health and ability to care for the child; or
• An occurrence of abuse or neglect in a parent’s household.

These are just a handful of examples that could be grounds for a motion for modification. When you seek a substantial revision, the court might need to consider additional factors based on the circumstances of your case.

If you want to substantially modify parenting time in Colorado and change the parent with whom your child lives the majority of the time, one of the following scenarios will typically need to apply:

• With the consent of the other parent, the child has been integrated into the family of the parent who is filing the motion;
• The child’s present living situation significantly impairs the child’s emotional development or endangers the child’s physical health, and the harm that a change in environment would likely cause is outweighed by the advantage to the child;
• The parent with whom the child lives the majority of the time wants to relocate with the child to a home that substantially changes the ties between the child and the other parent; or
• You and the other parent agree to the substantial modification.

If you want to know whether your circumstances make modification appropriate in your family law case, speak to one of our knowledgeable child custody attorneys at Plog & Stein, P.C.

When to File a Motion to Modify Parenting Time in Colorado

The timing of filing your motion to modify parenting time is going to depend upon your specific circumstances, mapped up with the law.

In an emergency, you are going to want to file as soon as possible, keeping in mind that you will need to prove your allegations to the family law judge. For broader modifications, it will depend on an array of factors and your timing may require strategy.

In any scenario, the key is being able to present to the court why your requests are in your child’s best interest. In many cases, a child custody expert may be needed.

Our attorneys can help you understand the issues tied into your parenting time modification and can help you determine when the best time to file may be. We recognize that no two cases are exactly alike. As such, we will take the time to listen to your concerns as we formulate a plan of action for modifying your parenting time.

Our Job Is to Protect Your Family

Our attorneys at Plog & Stein, P.C., have been serving clients in Colorado since 1999, and we take our service very seriously. We can handle the most complex family law matters for you while keeping you abreast of what is happening in your case. We are award-winning, we have decades of combined experience, and we keep the lines of communication open with each client to ensure we get valuable input from them and set them at ease about the status of their case. Please give us a call or contact us online to set up an appointment and learn how we can be of service to you.

Over recent decades, family courts throughout the country have trended away from awarding custody based on traditional notions of the family structure. Instead, courts look to various factors that all revolve around the child’s best interest. While public policy favors the active and consistent involvement of both parents in a child’s life, the health and safety of the child are paramount.

Children’s psychological and emotional adjustment following parental separation or divorce largely hinges on the characteristics of the custodial parent and the degree of parental cooperation. These factors weigh heavily when Colorado courts determine whether a mother or father can secure or lose custody of their child. With so much at stake, those in a custody dispute should consult an experienced custody attorney to learn their rights and responsibilities.

Table of Contents

1. Child Custody Laws in Colorado
2. The “Best Interests of Child” Standard
3. When Can a Mother Lose Primary Physical Custody of Her Child in Colorado?
   1. Start Your Case Evaluation Here
4. Proving a Parent Is Unfit
5. Regaining Custody in Colorado
6. Can a Mother Lose Custody in Colorado?

Child Custody Laws in Colorado

Colorado courts refer to the allocation of parental responsibilities as an umbrella term covering various parental rights, such as child custody, visitation rights, and decision-making authority. As such, Colorado does not use the terms joint or sole custody. Further, the state maintains two custody categories: parenting time (physical custody) and decision-making (legal custody).

Generally, decision-making and parenting time have nothing to do with each other. Parents can have equal decision-making rights, while one parent exercises majority time. The term “joint parental responsibilities” usually means joint decision-making.

Contrary to a common misconception, neither parent begins the child custody process with a greater right to custody than the other parent. For example, in Colorado, there is no statutory presumption that a mother is better suited to have primary physical or legal custody of a child.

The well-being of your child is too important to leave to chance. Connect with a compassionate custody lawyer who understands what you’re going through. Contact Us

The “Best Interests of Child” Standard

Under Colorado Revised Statutes § 14-10-124, judges must act in the best interests of the child. While this standard is the hallmark of many child protection laws, it is a term of art, and there is no precise definition. However, in making custody determinations, the court will look at factors such as the following:

• Child’s wishes,
• Parental opinions,
• Child’s relationship with parents and siblings,
• Child’s adjustment,
• The physical and mental health of the child and parent,
• Each parent’s ability to foster a loving and stable home environment, and
• The ability of each parent to place the child’s needs ahead of their own.

Fundamentally, the standard prioritizes a child’s safety, well-being, and permanency.

When Can a Mother Lose Primary Physical Custody of Her Child in Colorado?

Studies indicate that after a divorce or separation, children’s ability to adjust is significantly influenced by the characteristics of their custodial parents. While Colorado courts understand that parental love from both parents helps children develop, the influence of an unfit parent may not be in the child’s best interest.

Some factors that may lead a court to deem a parent “unfit” include the following:

• Child neglect,
• Excessive drug or alcohol misuse,
• Parent’s criminal history involving domestic violence,
• Physical abuse and injury to the child, and
• Psychological illness renders the parent unable to care for their child.

Not every one of these behaviors will lead the court to deem a parent unfit. However, a court can use these factors when making decisions regarding visitation and residential custody.

Courts will look for concerns about a child’s physical or emotional safety when making custody or parental responsibility decisions. For example, a mother may lose primary residential custody if the other parent’s home is a better or safer environment for the child. However, if the court finds that a mother is unfit, it may award the other parent full physical and legal custody. In these cases, the unfit parent may still secure limited or supervised visitation with their child.

Start Your Case Evaluation Here

Proving a Parent Is Unfit

A parent’s psychological adjustment, substance use, propensity for abuse, and criminal history can significantly impact their child’s overall development. Therefore, in some cases, a parent might need to prove that their child’s other parent is unfit. Some steps a parent can take to establish that their child’s other parent is unfit include the following:

• Gather relevant documentation such as medical records, drug screens, and criminal history records;
• Work with an attorney to create a statement that details specific incidents that threatened the health and safety of the child;
• Seek witness testimony from those who might have observed the other parent’s conduct; and
• Provide reports from professionals, such as counselors, physicians, and psychologists, who can serve as expert witnesses to substantiate a claim of parental unfitness.

In most cases, courts will order a psychological evaluation of the other parent and may seek testimony from other caregivers before declaring a parent to be unfit. To be clear, a parent does not have to be deemed “unfit” for the other parent to be awarded primary residential custody.

Regaining Custody in Colorado

In Colorado, parental unfitness does not terminate that person’s parental rights. A parent can take steps to prove that they can provide their child with safe and loving care. Some ways a parent can redeem their status and parental responsibilities include:

• Attending court hearings,
• Attending parenting classes,
• Complying with court orders and mental health services,
• Making concerted efforts to secure and sustain employment, and
• Receiving treatment for any substance abuse issues.

Parents seeking to regain custody should work with an attorney to ensure they take all of the necessary steps to fully reunite with their child.

Can a Mother Lose Custody in Colorado?

The short answer is yes; a court can grant primary custody of a child to someone other than the child’s mother. However, a court’s custody decision involves many factors, and every case is different. If you believe that divorce is in your future and have concerns about who will be awarded primary custody of your children, reach out to the skilled lawyers at Plog & Stein P.C. Since 1999, we’ve been helping men and women navigate the challenging process of divorce. We understand what it means to be an effective advisor and advocate. To schedule a consultation with a lawyer, give Plog & Stein P.C. a call today. You can also reach us through our secure online contact form.

Social media use has grown significantly throughout the past two decades, changing nearly every aspect of people’s lives. Despite the various benefits that social media brings, it also has a high potential for adversely impacting emotions, relationships, and family dynamics. These negative repercussions are often highlighted when spouses use social media to communicate with their ex-partners, air grievances, and expose conflicts. However, social media can also provide powerful evidence—both for or against you—during divorce proceedings.

Can I use social media during my divorce? Barring a court order, you are technically free to use social media during a divorce. But just because you can, does not mean you should. So the question really isn’t if you can use social media during your divorce in Colorado. The question really is, Should you use it?

If you do post anything, you need to use discretion. Avoid engaging in or posting photos of conduct that could compromise the outcome of your divorce. Understanding the impact, usefulness, and detriment of social media before, during, and after a divorce is crucial to protecting your rights and interests.

Table of Contents

1. The Role of Social Media in Colorado Divorce Cases
2. The Impact of Social Media on Divorce
3. What to Do with Social Media During a Divorce?
4. Social Media Use After Divorce

The Role of Social Media in Colorado Divorce Cases

Social media use raises concerns for divorcing spouses and their attorneys. As social media continues to become ingrained in the fabric of society, the greater the possibility that it could be at the center of familial disputes and divorces. Social media mistakes can lead to divorce, escalate disputes, serve as evidence, and cause ongoing family problems. Individuals should speak with an attorney to learn how to handle social media and electronic communications in anticipation of a divorce, during divorce proceedings, and after a final divorce order.

The Impact of Social Media on Divorce

A growing library of literature focuses on social media and its impact on society, specifically social networking and behavior. While many successful marriages have come through social networking, studies indicate that social network sites negatively impact marriage quality and happiness. Further, anecdotal evidence suggests that certain social networking sites may be responsible for causing one out of five divorces in the nation.

There are many reasons why social media might negatively affect long-term relationships and lead to separation and divorce. Some of these reasons include the following:

• Excessive social media use can create dependency leading to psychological, social, and financial difficulties;
• Social media can create an environment that evokes jealousy and causes harm to couples; and
• Social media provides individuals with the opportunity to engage in extramarital affairs.

In addition to serving as a catalyst for many divorces, social media can have rippling effects during divorce proceedings.

What to Do with Social Media During a Divorce?

Deactivating or limiting your accounts during a divorce is the most prudent option. Why? Because the average person who has never been on a witness stand in court cannot really grasp how seemingly innocent posts can wreak havoc with your case. For instance, posting a bunch of photos of yourself out partying with your friends might seem innocent enough. But if your spouse is trying to paint you as an alcoholic or drug abuser to limit your time with your kids—this can hurt you during your divorce. Postings about vacations, excessive spending, financial successes, or even your lifestyle, could be used against you when litigating financial matters.

Therefore, staying completely off social media for the duration of your case is the safest option, as it will help you to refrain from posting anything that can be harmful or used against you. However, if that option is not possible, let’s look at some other steps you can take:

• Change social media passwords,
• Privatize accounts so your soon-to-be ex-spouse and their friends and family cannot see your page,
• Refrain from posting anything that can hurt a loved one,
• Refrain from posting anything that would bolster your spouse’s accusations or would seem to refute any of your claims,
• Refrain from posting anything related to finances, and
• Prioritize safety by disabling location trackers.

In addition, individuals going through a divorce should ask their friends and family to refrain from posting anything that might jeopardize their case.

Social Media Use After Divorce

The risk of using social media after divorce tends to be more significant when the parties are experiencing highly-charged emotions because of ongoing issues. Usually, such issues are related to child custody. Posts on social media can be used to substantiate claims for post-divorce child custody modifications. So even after your divorce, if you share child custody with your ex, be very careful about what you post. Never go out of your way to be vindictive or post anything that you hope will hurt your ex. In fact, it is best not to be friends with a contentious ex or their friends or family on social media. Keep your account as private as possible.

Also, if you are involved in personal and emotional family matters, you likely find comfort in reaching out to others via social media. While communicating online can promote growth and healing, it is essential to refrain from acting on your emotions or saying anything inflammatory while using social media.

Do You Have Questions About the Role of Social Media in a Divorce?

If you are considering filing for divorce or have recently learned that your spouse initiated divorce proceedings, it is crucial that you carefully consider what you do with your social media accounts. At the Colorado divorce law firm of Plog & Stein P.C., we have more than two decades of hands-on experience guiding clients through the challenging process of divorce. We understand the increasing role that social media plays in the process and can effectively advise you about how to continue using social media in a manner that won’t jeopardize the outcome you’re hoping to accomplish. To schedule a consultation with a lawyer, give Plog & Stein P.C. a call today. You can also reach us through our secure online contact form.

Custody can be a complex and emotionally-charged issue, regardless of your marital status. Unfortunately, even as society progresses, the process of seeking custody rights and paternity for unmarried fathers in colorado can feel even more complicated. Nevertheless, it’s important to remember that unmarried fathers do have legal rights. If you were unmarried at the time your child was born and are wondering what rights you may have, the Colorado custody attorneys at Plog & Stein P.C. are here to help. If you are on the child’s birth certificate, legal paternity has already been established and you can proceed with the filing of a traditional custody case. If not, you will first need to establish paternity. Below are some of the details you might need to know about Colorado custody laws for unmarried fathers.

Table of Contents

1. Colorado Custody Laws: An Overview
   1. Do Unmarried Fathers Have Paternity Rights?
   2. Is There a Paternity Presumption for Unwed Parents?
   3. Start Your Case Evaluation Here
2. Establishing Paternity
3. Child Custody Considerations
4. Speak with a Qualified Colorado Custody Attorney Today

“Are you searching for a lawyer for a family member or friend? We can help, we work with you to ensure your loved one receives the best representation possible?” Call Today

Colorado Custody Laws: An Overview

Colorado law regarding child custody can be complicated, and there can be different things to consider when determining the rights of unmarried parents. Here are some key Colorado custody laws to be aware of as an unmarried father to help you navigate the process.

Do Unmarried Fathers Have Paternity Rights?

A common misconception is that unmarried fathers have very little or no parental rights. Fortunately, however, this is not the case. In fact, Colorado Revised Statutes (C.R.S.) § 19-4-103 specifically states that the parent-child relationship extends to each parent, regardless of the parent’s marital status. That said, establishing a parent-child relationship might be the first step in establishing that legal relationship.

Is There a Paternity Presumption for Unwed Parents?

As a result of historical gender and domestic roles, mothers were often traditionally presumed to be the primary parent and caregivers. These days, however, society recognizes that this is not always the case. Colorado law recognizes this as well. For example, according to C.R.S. § 19-4-105, an unmarried person is still presumed to be the natural parent of a child if:

• Genetic testing shows that the unmarried father is not excluded as the probable genetic parent with a probability of genetic parentage of 97% or higher; or
• The parent who gave birth to the child and the other parent sign a voluntary acknowledgment of parentage.

Notably, the person who gives birth to the child does not need to take any affirmative steps to establish that they are the parent. However, although certain presumptions exist, an unmarried father will need to take some action to establish paternity, unless he is on the child’s birth certificate.

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Establishing Paternity

The easiest way to establish paternity for an unmarried father is to sign your name on the birth certificate. But how do you prove paternity if you weren’t able or allowed to sign the birth certificate? To establish paternity and establish your parental rights, an unmarried father will have to petition the court to formally declare the existence of the father-child relationship. The court will then order a genetic test to determine whether the petitioner is, in fact, the natural father of the child. If the paternity test does confirm parentage, the court will enter an order for paternity. That said, there are certain exceptions in situations involving adoption and assisted reproduction. Thus, be sure to consult with an experienced lawyer to discuss the particular facts and circumstances surrounding your case.

Child Custody Considerations

Once you establish paternity, the next step is determining custody rights, such as parenting time, visitation rights, and other allocations of parental responsibilities. Colorado courts will consider several factors when determining custody rights between two unwed parents. However, the most important factor is the best interests of the child. When determining what is in the best interest of the child when it comes to custody, the court must consider all relevant factors, including the:

• Wishes of the child’s parents with respect to parenting time;
• Wishes of the child, if the child is determined to be mature enough to express a reasoned opinion on the matter;
• Existence of any reports of domestic violence;
• Child’s adjustment to their home, school, and community;
• Mental and physical health of the individuals involved;
• Ability of each respective parent to encourage love, affection, and contact between the child and the other parent;
• Physical proximity of the parents to each other as it pertains to considerations of parenting time; and
• Ability of each parent to place the needs of the child above their own needs or wishes.

Importantly, a judge cannot establish custody, parenting time, visitation rights, and other related matters until you’ve established paternity. Thus, proving paternity as an unmarried father should always be one of your first priorities.

Speak with a Qualified Colorado Custody Attorney Today

Determining custody rights for unmarried fathers is crucial, and it all starts with proving paternity. If you have questions about your rights as an unmarried father, look no further than Plog & Stein P.C. Since 1999, our experienced attorneys have helped countless parents as they traverse various legal battles in an effort to protect their rights and those of their children. When you hire our team, you can feel confident knowing that we will fight zealously for your rights at every step along the way. Contact us today to discuss your case and see what we can do for you.

In technical terms, the U.C.C.J.E.A. calls a custody order a “child custody determination.” Under the Act, initial child custody determinations are to be made in a child’s “home state,’ which is generally the state the child has resided in for the 6 months preceding the filing of the case. However, in today’s mobile society, people move and circumstances change. As such, though orders might be issued in one state, one or both parents, and the child may leave the originating state to move elsewhere. The Act has been adopted by all 50 states so as to provide uniformity in terms of how interstate custody cases are handled and uniformity in terms of determining which state has jurisdiction over a child custody matter.

When Can Child Custody Orders Be Transferred to Another State?

When dealing with enforcement issues, once the final, original orders are entered, a case may be transferred to another state if the child no longer continues to reside in the issuing state. In these instances, the child custody orders could be registered in the child’s new state for purposes of enforcement. For example, if parents were divorced in Kansas and mother and child then moved to Colorado, father could register the Kansas orders in Colorado for purposes of enforcing them, as relates to visitation or otherwise, should the mother decide she’s not going to follow them.

When dealing with modification of custody orders from another state, the ability to transfer a case is a little different. Generally, to transfer custody orders to Colorado for modification purposes, C.R.S. 14-13-203 states that both parents and the child must no longer reside in the issuing state. Using the example set forth above, if after the Kansas divorce, mother and child move to Colorado and father moves to California, mother, after having the child in Colorado for 6 months or more, could transfer the Kansas orders to Colorado for modification purposes. The father could do so as well. Unless all parties and the child are gone from the issuing state, jurisdiction is Kansas’ to relinquish. If one parent remains, but the child has been gone for an extended period of time from Kansas, either parent could ask Kansas to give up its jurisdiction to Colorado and the, once done, could formally transfer the case here.

To transfer a child custody case to Colorado, under either scenario and properly register it with the appropriate court, you will need to comply with the procedural and substantive provisions of C.R.S. 14-13-305. You will need to get a Certified Copy of the original order and any additional orders from the issuing state. They will then need to be submitted to the court in Colorado, along with a Petition to Register Foreign Child Custody Determination, a Summons, and a Notice of Registration. These documents would all need to be personally served upon the other side, who would have the ability to challenge the transfer. However, a challenge to transferring the case would likely fail if the person seeking to register the out-of-state custody orders has properly complied with the dictates of the U.C.C.J.E.A. and all procedural requirements of statute or the court. Interstate custody issues can be complex and it’s generally better to seek the assistance of a qualified Denver child custody attorney. Again, it should be noted that transferring a child custody determination to Colorado from another state can be done for different purposes and that there are specific, applicable section of the U.C.C.J.E.A. for each purpose.

Instances Where You Can Transfer a Custody Case to a New State

As a parent, you will only have the ability to transfer a child custody case to a new state in a few circumstances according to the U.C.C.J.E.A. The first is if both parents and the child have moved to a different state than the one that granted the original custody order. If you moved out of Colorado with your child and have lived in another state for more than six months, and your spouse also no longer lives in the same state, you will have the right to transfer your child custody case to the new state.

You may also be able to transfer a custody case if the judge in your original state agrees that the state no longer has significant connections or evidence regarding the child. If you and your child have moved out of Colorado, for example, and your child no longer has any relatives in the state, Colorado may allow the transfer. If a judge finds your new state would be a more convenient place to handle your custody case, he or she may also grant a transference.

A judge could decide that the original state is no longer the most convenience place to handle your child custody case if you are part of a domestic violence situation in the original state, if you have lived outside of the state for a significant time, if the two states are very far apart, if one or both parties do not have the financial ability to travel to the original state, if you and your spouse have signed an agreement deciding to transfer jurisdiction, and if the new state can resolve the litigation quickly and effectively.

We got divorced in Colorado, but have both moved to different states. Does our custody case remain in Colorado?

Pursuant to Colorado Revised Statutes, Title 14, Article 13, the Uniform Child Custody Jurisdiction and Enforcement Act, if Colorado custody orders were issued, Colorado retains what is called “exclusive continuing jurisdiction,” unless a couple of different factors present themselves. The primary issue giving rise to custody jurisdiction being transferred to another state will generally depend on whether one parent remains in Colorado. If the children and one parent have been gone for 6 months or more, there is an argument that jurisdiction could be changed. However, pursuant to C.R.S. 14-13-202, jurisdiction would remain in Colorado unless the children and both parents are gone. With the above posed question, both parents have moved away from Colorado. As such, it would be proper to transfer jurisdiction to the state in which the children now reside, presuming they have been there for 6 months or more. As jurisdiction under the UCCJEA flows with the children, not the parents, there shouldn’t be a battle over which new state will assume jurisdiction. Though a case may originate here, the law recognizes that people move. It would make no sense in this instance for Colorado to retain jurisdiction when both parents and the children are elsewhere.

Handling Custody Arrangements in Two Different States

A parenting plan can be complicated enough without the added difficulties of you and your spouse living in two different states. Interstate parenting plans generally give jurisdiction to one state over the other when two parents live in different states. Only one state may grant a custody order. This state’s laws will preside over your case, including how the courts will determine and uphold custody arrangements. If multiple states qualify as the presiding state, the state that makes a custody decision first will have jurisdiction.

First, the courts will allow you and your spouse to decide which state’s laws to use in an interstate parenting case. If you and your spouse cannot mutually agree on the state, the courts will then use the U.C.C.J.E.A. to decide. The Uniform Child Custody Jurisdiction and Enforcement Act says that one state can determine custody arrangements over another during an interstate case only if the child has lived in that state for at least six months, the child has significant connections (e.g. relatives) in that state, that child is in that state out of fear of domestic abuse or violence in a different state, or no other state can meet these requirements.

Once the courts in one state create a parenting plan, the parents must obey its terms. Many long-distance parenting plans use visitation rather than a standard joint custody agreement. Since joint custody might not be practical based on the distance between the two parents, the courts may instead grant one parent primary custody and the other visitation rights. Your parenting plan will also include matters such as who is responsible for paying for travel.

Can You Modify a Custody Order Based on Relocation?

It is possible to modify your child custody order based on a significant change in circumstances, such as you or your co-parent moving to a different state. You will need to file a request for child custody modification with the courts in the state that has jurisdiction over your case. The courts will assess your situation and make changes to your custody order, if applicable. The courts may arrange a different custody or visitation plan to address the added distance between both parents, for example. Until the courts grant your modification request, however, you and your ex-spouse must obey your existing custody order. For help with a child custody modification contact our law firm, our attorneys have over 20 years of experience solving complex family law issues throughout Denver.

Third Party Interference with Child Custody

There are many ways in which the third parties in your life may impact a child custody determination. It is important to carefully weigh each role these individuals play in your life and the interaction they have with your children. Friends, neighbors, romantic partners, and family members could impact your child custody case.

Each of these individuals could not only be called to testify, but could also be interviewed by a child custody expert, such as Child and Family Investigators (CFI) or Parental Responsibilities Evaluators (PRE). Negative things any of them do could be used against you when it comes time to determine things like residential custody or parenting time.

When starting parenting time or child custody litigation, it’s always a good idea to think about who’s going to be around your kids and what effect that interaction could have.

Table of Contents

1. Third Party Interference with Child Custody
   1. Key Takeaways
2. Most Common Third Party’s Involved in Child Custody Cases
3. Third Party Interference Involving Grandparents
4. Discuss Your Case With An Experienced Attorney Today.
5. Where to Find Our Greenwood Village Office

Key Takeaways

• Third Parties’ Impact on Custody: Friends, romantic partners, family members, and other third parties can influence child custody decisions. Negative actions by these individuals may be used against a parent in custody or parenting time determinations.
• Significant Others’ Role: New romantic relationships can complicate custody cases, especially if the new partner has a problematic background, such as a criminal record. Courts may issue orders preventing a new partner from interacting with the children if concerns arise.
• Professional Evaluations: Child custody experts like Child and Family Investigators (CFI) or Parental Responsibilities Evaluators (PRE) may interview third parties, including new partners, to assess their role in the children’s lives and their potential impact on custody arrangements.
• Grandparents’ Influence: While courts usually support grandparent relationships, they may intervene if a grandparent poses a risk to the child’s well-being, including cases involving substance abuse, negativity about the other parent, or emotional harm.
• Importance of Conduct and Decisions: Parents should be mindful of the people around their children during custody disputes, as their actions and decisions are heavily scrutinized. Inappropriate behavior or decisions can negatively affect parenting time outcomes.

Most Common Third Party’s Involved in Child Custody Cases

The more obvious third parties are significant others. Whether it be a modification of an existing parenting time order or the initial custody determination, the existence of a significant other can be an issue.

Often we see couples that work quite well together. However, this working relationship can deteriorate when a new romantic relationship becomes serious for one parent. Any individual who is going to have significant contact with your children can become an issue.

Firstly, if you are starting a new relationship, it’s important to do a little background investigation on your new significant other. Though generally, we all believe we are good judges of character, sometimes we’re not.

I have seen cases in which new romantic partners come with issues, such as DUI’s, past domestic violence charges, protection orders, or even child abuse (or worse) charges. I have seen cases in which one party was completely unaware of their new significant other’s baggage.

Though not generally something a court is going to order on its own, if one party requests and order requiring either side to provide the name and birthdate of a new significant other, it’s likely going to be ordered.

While family law courts do not have jurisdiction over new significant others, they do have jurisdiction over the parent and their children and can issue orders requiring no contact between the children and the problematic significant other.

Depending on your situation, you may want to consider whether even introducing the children to a new significant other is the best choice at the time. If going through a divorce and separated for only a brief time, introducing the kids to a new significant other could be viewed as selfish, not child-centered, and not in their best interest. It could impact the parenting time allotted to you.

I have seen the court in a family law case out of North Carolina issue an order that there are to be no overnights with a significant other in the home until there is an engagement.

I have not seen a court in Colorado issues any such order, but I have heard judges mention or make comments about it being inappropriate and not in the best interests of the children to be introduced to new people too soon.

If you have a professional involved in your cases, such as the ones mentioned above, they will certainly at least want to talk with your new significant other, for a variety of potential reasons. If there is tension between the child(ren) and the significant other, an expert may have concerns. It should also be noted that therapists, both for the kids and parents, are fair game for child custody experts to talk to.

If you have a court-appointed professional, such as a CFI or PRE, they will likely want to speak to your significant other to discuss things like their opinions regarding the children, your ex, your relationship with your ex, and their relationship with you.

They might also be interviewed regarding their own personal life and history. Knowing that a new significant other could impact your case, it’s best to make smart decisions early on, and maybe to speak with a child custody attorney before making any significant ones.

Third Party Interference Involving Grandparents

The other most common third party is a relative of one parent, such as a grandparent. The role of grandparents can be a very important one in the lives of children. In most cases, the court encourages relationships with grandparents.

Of course, there are exceptions to all of the general rules and, when appropriate, orders may be requested of the court to protect a child from a grandparent who may not be looking out for the child’s best interests.

Sometimes it can be obvious harm, such as in the case of addiction or abuse. In some cases, the problems can be more subtle. A common hypothetical we see in this field is the case of family get together. It can be easy for the family to slip into speaking negatively about the other party, and often the children overhear.

Most parenting time agreements include language which provides that negatively speaking about the other party in front of, or even in the vicinity of the children, is inappropriate and that the children should be removed from the situation.

I recommend giving family members a reminder about how they speak about the children’s other parent is a good place to start. It is important to remember that hearing negative things about their other parent can have an emotional impact on the child(ren) and it may impact your own time with the children if you are unwilling to stop negative language.

Discuss Your Case With An Experienced Attorney Today.

Sometimes people don’t really think about the other people in their lives they allow around their children. Sometimes problems arise because of this. Sometimes those problems can be big.

When going through a divorce with children, a custody case, or a parenting time battle, remember you and your decisions are under a microscope. Act accordingly.

Speak with a family law attorney in Denver about your child custody case, contact us online or call us at (303) 781-0322 to schedule a consultation.

Where to Find Our Greenwood Village Office

In Colorado, “full custody” isn’t a legal term, but courts can allocate primary residential care and sole decision-making responsibilities in rare and serious cases, such as those involving abuse or severe neglect. Colorado courts generally prefer shared parental responsibilities, but an experienced family law attorney can help you navigate this process and advocate for your child’s best interests if you believe full custody is in the best interest of your child.

Many divorcing couples who have children struggle with the contentious issue of dividing parental responsibilities after their separation.

Contacting an experienced family law attorney, such as the attorneys of Plog & Stein P.C. can be very beneficial.

Table of Contents

1. “Full Custody” in Colorado
2. What Is Child Custody? The Legal Terms You Need to Know
3. Is It Hard to Get “Full Custody”?
4. What Is the Best Way to Get the Majority of Parental Responsibilities?
5. How Can I Get Decision-Making Responsibilities?
6. How Do I Get Full Parenting Time?
7. Reasons to File for Full Custody in Colorado
8. Credible Evidence and Credibility
9. Should You Hire Legal Assistance to File for Child Custody?
10. FAQs: Full Custody in Colorado
    1. What does full custody mean in Colorado?
    2. Is it hard to get full custody in Colorado?
    3. Can a parent get full custody without going to court?
    4. What factors do Colorado courts consider when awarding custody?
    5. Can I change a custody order later if circumstances change?

“Full Custody” in Colorado

Trying to cooperate with your soon-to-be ex-spouse can sometimes be difficult. It is incredibly challenging if one parent is highly combative, plans to live far away, or threatens your child’s safety.

However, Colorado encourages shared parental responsibilities. Colorado courts prefer that parents agree on a plan for parenting time and decision-making responsibilities (formerly known as physical custody and legal custody).

While courts often presume that equal or near-equal parenting time is best for children, that may not be practical or appropriate for your situation.

In Colorado, the term “full custody” is not something generally used by attorneys, nor a term even articulated in statute.

As a family law practitioner, I’ve talked to plenty of people who have indicated they want “full custody.” Under Colorado law, courts allocate parental rights to parents as part of a divorce or custody case and the term “custody” is no longer used.

Technically, “full custody” would mean a parent has zero visitation or decision-making rights with their kids. That is only going to happen in the most egregious safety situations, such as relates to abuse, significant substance use, or situations of extreme and untreated mental illness. Thus, it is rare.

As relates to decision-making, one parent can have sole decision-making. In those cases the parent would have “full” legal custody. For the family law practitioner, it’s important to identify what the client means by “full custody” and to explain, from there, what the law or court would likely allow.

Oftentimes, people use the term to mean they want the child to live the majority of the time in their home. Using the term in that context, if you think you have grounds for “full custody” of your child after your divorce, i.e., you want to be the primary residential parent, you will need to show the judge that Colorado’s presumption for equal shared parenting time is not in your children’s best interest.

The experienced child custody attorneys at Plog & Stein, P.C. understand that allocating parental responsibility and parenting time under Colorado family law can be complicated. Our attorneys can help you navigate Colorado’s parental responsibilities process and produce a parenting plan that will meet your goals.

Navigating custody and parenting time in Colorado can be challenging. The experienced attorneys at Plog & Stein can help you overcome the legal complexities. Contact Us

What Is Child Custody? The Legal Terms You Need to Know

Many states use the term “joint custody” to mean shared responsibility for the child. Those states use the term “legal custody” when referring to decision-making ability and “physical custody” to describe the responsibility to physically care for a child.

Colorado amended its domestic relations laws in 1999 to allow for parenting arrangements that more naturally reflect how the family dealt with parenting before the separation. The amendment changed the language we use to talk about children in divorce cases. Most notably, the new law abandoned the word “custody.”

Today, if you want “full custody” of your child, you will request a majority of the “parental responsibilities” in your parenting plan.

A Colorado custody or is either going to come via agreement the parents, often called a parenting plan, or from a written order entered by the judge in your divorce or child custody case. Colorado divides parental responsibilities into two categories:

• Decision-making authority—the ability to make major medical, educational, and religious decisions regarding the child, and
• Parenting time—where the child is physically (i.e., where the child lives and when, who the child will be with during holidays, traditional “visitation” time).

Parenting time and decision-making authority are two completely separate concepts. Again, you may cooperate with your spouse and agree on a parenting plan. The judge will approve your plan in the final divorce order. If you can’t agree, the judge will formulate a plan in the child’s best interest.

Is It Hard to Get “Full Custody”?

How difficult is it to get “full custody” of a child in Colorado? If using the terms in a truly correct sense, it’s extremely difficult. If talking about primary residential care, the outcome of your case will depend on the circumstances.

If talking about sole decision-making authority, most courts are going to order joint parental responsibilities regarding the making of major decisions, absent clear reasons while sole is more appropriate.

When it comes to decision-making authority, most divorcing couples with children share that authority equally. Typically, a court will grant sole decision-making authority to one parent only if they show that the other parent is not fit to make decisions on behalf of their children, if there has been domestic violence which makes shared decision-making unsafe, or if the court finds an inability for the parties to make decisions together.

It can be easier to gain primary residential custody of your child. Although courts prefer to give each parent as much parenting time as possible, many circumstance make equal parenting time impractical.

For example, parents may live too far apart to exchange the children frequently, or one parent’s work may prevent them from spending as much time with the children.

Perhaps one parent even prefers to have less parenting time. In that case, the court will designate one parent as the primary residential parent, with whom the children live most of the time. The other parent will have scheduled parenting time with the children—which can be weekends or weekdays, on holidays, and for extended time in the summer, but sometimes more.

In some cases, one parent may just be more attended to the child’s educational, medical, emotional, or logistical needs, which can lead to a parent being granted primary residential custody.

It is rare for a parent to receive no parenting time at all unless the court terminates the parent’s rights. In circumstances where one parent has abused or neglected the child, the court may limit the parent’s contact with the children or order all visits to be supervised.

Yes, it’s difficult to establish the grounds for full physical custody of a child in Colorado. Under Colorado law, both parents share equal rights and responsibilities toward their children until orders are entered saying otherwise.

In its 1999 family law amendment, the Colorado legislature introduced a preference for shared parenting. It wrote, “the general assembly urges parents to share the rights and responsibilities of child-rearing and to encourage the love, affection, and contact between the children and the parents.”

Further, The Colorado Foundation For Families and Children reported that “it is unusual for a parent to be given no parenting time at all, unless the court terminates that parent’s rights, or the parent has been convicted of a crime.”

What Is the Best Way to Get the Majority of Parental Responsibilities?

Under Colorado’s Uniform Dissolution of Marriage Act, to receive a majority of the decision-making ability and parenting time, you will need to show that it is not in your child’s best interests for the other parent to share those responsibilities equally.

To do so, you will need to provide evidence showing the other parent’s shortcomings. You will have to explain what you believe is in the child’s best interests and why.

This is not a time to point fingers and make false allegations. Raising false or frivolous allegations could subject you to court sanctions or risk not having your child custody proposal approved.

Divorce proceedings are the time to show that you can provide a stable home for your children. Begin putting your children and their interest first immediately.

Remember to remain professional if you must go to court. You want to generate a good image and project a strong representation of a parent who should be in charge.

We know that emotions are a part of a divorce, but consider approaching the allocation of parental responsibility like a business deal. Leave the emotions at the door and try to agree on a plan that works best for your child.

If agreement cannot be reached, your attorney will be there to advocate for you in court.

How Can I Get Decision-Making Responsibilities?

When allocating decision-making responsibilities, the court looks mainly at the parents’ past behavior. The court looks for evidence of whether:

• The parents can cooperate and make decisions jointly;
• The parents’ behavior has historically reflected a system of values, time commitment, and mutual support that indicate that the parents can share decision making and provide a positive and nourishing relationship with the child; and
• Shared decision-making will promote more frequent or continuing contact between the child and each parent.

If you show that any of these are not true, the court might consider granting decision-making responsibilities to only one parent.

How Do I Get Full Parenting Time?

In approving parenting time (where the child will live or when they can visit each parent), the judge will ensure that your parenting plan is in the child’s best interest. Colorado law requires that your parenting plan provides for the child’s safety and “the physical, mental, and emotional conditions and needs of the child.”

When determining the best interests of the child for purposes of parenting time, the court will consider many factors, including:

• The parents’ wishes;
• The child’s wishes, if they are sufficiently mature to express reasoned and independent preferences as to the parenting schedule (typically at least 12-14 years old);
• The child’s relationship with their parents, siblings, or any other person in their lives;
• Domestic violence reports;
• The child’s ability to adjust to changes in their home, school, or community;
• The mental and physical health of all individuals involved;
• The parent’s ability to encourage the sharing of love, affection, and contact between the child and the other parent (excluding situations of domestic violence or abuse);
• A past pattern of involvement with the child that reflects a system of values, time commitment, and mutual support;
• The physical proximity of the parents, considering the practical considerations of parenting time; and
• The ability of each parent to place the needs of the child ahead of their own needs.

When approving parenting time, Colorado law encourages frequent and continuing contact between both parents and the children. Therefore, if you want your child to live with you most of the time, you must show that sharing parenting time equally with the other parent is not in the child’s best interest.

Reasons to File for Full Custody in Colorado

In Colorado, the paramount consideration when it comes to child custody is the best interest of the children. It’s important to keep this in mind as you think about what you want your custody and parent-time arrangement to look like.

Some parents fight for custody of their children out of a desire to “win the divorce” or get back at the other parent. These are not good reasons to fight for full custody.

However, there are many good reasons you might want to file for greater control of the parenting responsibilities, including:

• You can provide a more stable environment for your child than the other parent;
• You have been more involved in your children’s lives than the other parent;
• You are concerned about your children’s safety in the other parent’s home;
• The other parent lives far away;
• The other parent travels frequently for work or works odd or long hours;
• You are concerned that the other parent will not provide adequate care or supervision for the children;
• The other parent has attempted to undermine your relationship with the children; or
• You and your ex do not get along and cannot cooperate well enough to make equal parent time work.

Children have the right to be emotionally, mentally, and physically safe when in their parent’s care. They also have the right to reside in and visit homes without domestic violence and child abuse or neglect. Therefore, you should speak up if you believe that the child’s other parent will violate these rights during their parenting time.

The reasons you might want to file for control of the parenting responsibilities include: In rare circumstances, you may find it necessary to seek severe limitations on the other parent’s parent-time or even ask the court to require that visits be supervised. Such situations may include where the other parent has a history of

• Committing domestic violence,
• Abusing drugs or alcohol,
• Criminal convictions,
• Mental illness, or
• Taking the children or refusing to return them in violation of a parenting order.

Abuse to an adult (the child could witness domestic violence);

• Physical or emotional abuse that affects the child’s safety;
• Drug and alcohol abuse; or
• Mental illness;
• Abandonment;
• Incarceration; or
• Kidnapping (removing the child from the state in violation of a parenting order).

If one parent has committed child abuse or neglect, then standard shared parenting time is not in the child’s best interests. The court will review all the evidence available (testimony from other family members, experts, teachers, or court-appointed guardians) to make its determination.

If shared parenting time is unsafe, the court may require supervised parenting time or issue a restraining order against that parent.

Credible Evidence and Credibility

If credible evidence shows that equal shared parenting time is not in the child’s best interest, a Colorado court may award one parent a majority of parenting time and parental responsibilities. For your evidence to be credible, it must be believable.

The story you tell, the things you do, and how other people describe you must share threads of consistency. You want to portray yourself as a responsible adult who can be in charge without further interference from the court. The best parenting plans are often ones where both sides agree and can carry out the plan without bickering and harming the child.

Should You Hire Legal Assistance to File for Child Custody?

If you believe that you have grounds for full custody of a child, or are facing a parenting time or child custody battle, it is in your best interest to hire an attorney experienced with complex divorce and parental responsibility disputes. It is challenging to overcome Colorado’s preference for shared parental responsibilities.

Your attorney will guide you through the legal process and help you collect credible, believable evidence to prove your case. We will fight for you and your child’s best interests. Our attorneys have decades of combined experience and can help you see the big picture through your divorce. Contact the Plog & Stein P.C. family law team today.

FAQs: Full Custody in Colorado

What does full custody mean in Colorado?

In Colorado, “full custody” typically refers to one parent having both primary parental responsibilities: decision-making authority (legal custody) and majority parenting time (physical custody). However, the courts generally use the term “parental responsibilities” instead of “custody.”

Is it hard to get full custody in Colorado?

Yes, full custody is often difficult to obtain. Colorado courts prioritize the child’s best interests and usually favor joint parental responsibilities unless there is clear evidence of danger, abuse, neglect, or other significant concerns involving one parent.

Can a parent get full custody without going to court?

No, full custody must be granted through a court order in Colorado. Even if both parents agree informally, a judge must approve and formalize custody arrangements to make them legally binding.

What factors do Colorado courts consider when awarding custody?

Courts evaluate multiple factors, including each parent’s involvement, the child’s needs, the ability to co-parent, the presence of any abuse or neglect, and the wishes of older children. The child’s best interests are always the top priority.

Can I change a custody order later if circumstances change?

Yes, you can request a modification of custody in Colorado if there is a substantial change in circumstances that affects the child’s welfare. The court will again consider what arrangement serves the child’s best interests.

Unfortunately, there are situations in which people leave these types of provisions out of their original orders or agreements. This can happen for various reasons. In some cases, people resolve their divorce or Colorado custody cases on their own, not knowing that it is normal for there to be specific language regarding vacations and holidays. In other cases, things may be amicable at the time of resolution to the point where people believe they can work out vacations or holidays on their own, without need for specific language. This type of an approach may work well when the parents are getting along. However, in times when they are not, one parent may become inflexible, holding the other to the specific terms of the custody orders. Having a Denver child custody attorney assist you in formulating all of your visitation orders, including as relates to vacations or holidays, can cut down on ambiguity and argument months or years down the road.

In Colorado, it is normal for people to have specific vacation provisions in their custody orders. These types or orders may vary depending on the age of the children, the regular parenting time schedule, and the kids’ school schedules. If your orders do not contain provisions regarding vacations or blocks of parenting time, courts will generally be receptive to a requests for such and will find vacations to be in the “best interest” of a child.

The first step to gaining vacation parenting time should always be to confer with the other party. If the two parents are able to agree, they should put their agreements in writing. A stipulation actually filed with the court would be preferable, as it will become an enforceable order. If the other parent does not agree, the next step will be to file a Motion to Modify Parenting Time pursuant to C.R.S. 14-10-129. With courts generally being receptive to there being vacations provisions in custody orders, it is highly likely the motion will be granted. However, things are not always resolved quickly in the judicial system and motions to modify can potentially take several months to resolve. As such, it is advisable to take action as soon as you know you have an issue. Any requests to modify should contain a detailed proposal as to how vacation time will be allocated. Additionally, courts are generally going to view vacation parenting time as something afforded to both parents and not just germane to the person filing.

There are situations in which the need for orders regarding vacation time can be more time sensitive. Perhaps an impromptu travel opportunity has arisen. In other cases, one party may have verbally agreed to a vacation, but is now retracting that permission. In these instances, motions regarding a specific trip can be filed as “forthwith,” which indicates to the court the need for resolution is pressing. Courts are generally not going to view a vacation request as an “emergency,” but will likely be willing to address things quickly, presuming the asking party didn’t just wait until the last minute.

Typically, orders regarding vacation parenting time will allow for one to two weeks during the summer. These blocks can be taken consecutively or separately. Moreover, “vacation” parenting time is a different concept from holiday parenting time tied into school breaks. School breaks, whether Spring or Winter, are often divided or rotated and specifically enumerated in parenting plans. When your orders lack the detail and provisions necessary to allow you to take vacations with your children, contacting a child custody attorney to assess your situation should be the first step.

Understanding Child Custody and DUI’s in Colorado

Initially, it should be noted that one parent getting a DUI charge, standing alone, may not be a basis for a change in child custody or parenting time, or entry of emergency orders. Though any parent being charged with a DUI may be cause for concern, the key issue is how, if at all, it impacts their ability to parent.

When the other parent of your child is charged with driving under the influence (DUI), it’s important to consult with a lawyer as soon as possible to thoroughly go through the facts and circumstances surrounding the situation.

Of course, the first, most important issue to be dealt with is making sure that your children are safe. Beyond immediate safety concerns, there may be other long term and short term legal steps you might take tied into the DUI.

Given that family law judges are empowered with wide discretion to determine the best interests of a child, a DUI may be treated differently from court to court.

Table of Contents

1. Understanding Child Custody and DUI’s in Colorado
   1. Emergency Child Custody Action From a DUI
2. When Can Parenting Time be Modified Due to a DUI
3. Explore Your Custody Options Today – Contact Our Experienced Attorneys Today
   1. Does a DUI automatically mean I can get full custody of the children?
   2. What if the DUI didn’t happen with children in the vehicle — can it still impact parenting time?
   3. Do I need to wait until the other parent’s DUI case is fully resolved before I file for a modification of custody or parenting time?
   4. What evidence is helpful if I want to modify parenting time because of a parent’s DUI?
   5. What should I do next if my ex-partner got a DUI and I’m concerned for my children?

Emergency Child Custody Action From a DUI

Emergency action would certainly be warranted if that parent got the DUI with the child, or children, in the car. Generally, that parent is also going to be charged with child abuse.

By driving while intoxicated with children in the car, the offending parent has clearly placed them in physical danger. Unless there is a foolproof assurance that this behavior will not happen again, or an agreement to temporarily suspend parenting time, filing a motion to restrict parenting time under C.R.S. 14-10-129.4 is the most effective way to ensure the children’s immediate safety.

With the filing of the motion to restrict parenting time, all visitation ceases until there is a court hearing, which must occur 14 days from the date the motion is filed. At the hearing, the court will need to determine the severity of the problem and whether the kids are in “imminent danger” such that a restriction of time will need to continue.

When Can Parenting Time be Modified Due to a DUI

If there have been multiple DUI’s, particularly when those DUI’s have caused a disruption to parenting time, there may be a basis for more long term modifications of parenting time. This might be justified due to missed time and the impact the parent’s behavior has on the children.

Perhaps that parent has lost his or her license and no longer has the ability to drive the children during his or her allotted times. Moreover, the DUI may be a symptom of a deeper seeded alcohol abuse problem. There are some judges who may not view a single DUI, or even two, as a big deal.

In most cases, at a minimum, the court will likely enter orders prohibiting the use of alcohol and requiring testing for a period of time. Testing will generally entail either breathalyzer testing or ETG urinalysis. The latter can detect alcohol use roughly 80 hours in the past.

Though visitation may not initially be changed due to the DUI, failing to comply with any testing requirements may lead to a cessation of parenting time.

Explore Your Custody Options Today – Contact Our Experienced Attorneys Today

Each case is different and the facts surrounding the DUI do matter. If you are in a situation in which DUI has become an issue, contact the child custody attorneys as Plog & Stein, P.C. to get a better understanding of your rights and options.

Our attorneys understand that the safety of your children is of the utmost importance to you. We also understand the importance of making the right legal decisions in order to protect them, call us at (303) 781-0322.

Frequently Asked Questions

1. Does a DUI automatically mean I can get full custody of the children?

No — a single DUI charge, by itself, does not automatically grant full custody or even a change in parenting time. What matters is how the DUI affects the parent’s ability to safely and responsibly care for the children.

2. What if the DUI didn’t happen with children in the vehicle — can it still impact parenting time?

Yes — although the immediate danger scenario (children in the car) is the clearest ground for emergency action, repeated DUIs, substance-abuse issues, or significant disruption to parenting time can also lead to long-term modifications.

3. Do I need to wait until the other parent’s DUI case is fully resolved before I file for a modification of custody or parenting time?

Not necessarily. If there is an urgent safety concern (for example, children were in the car during the DUI), you may file for emergency restriction of parenting time under C.R.S. 14-10-129.4 ahead of final criminal resolution. The court will hold a hearing within 14 days of the motion.

4. What evidence is helpful if I want to modify parenting time because of a parent’s DUI?

Some helpful evidence may include:

• Police reports or court records of the DUI, especially with children in the vehicle
• Proof of repeated substance use or multiple DUIs
• Records of missed or disrupted parenting time due to loss of driver’s license or substance issues
• Court-ordered testing or monitoring that the parent is not complying with

5. What should I do next if my ex-partner got a DUI and I’m concerned for my children?

It’s important to consult a family law attorney who understands custody and parenting time issues in light of DUI cases. Your attorney can evaluate your specific facts, help you determine whether emergency action is appropriate, and guide you through the process.

In any child custody case, or divorce case with children, the optimal conclusion would be for the parents to agree not only on a comprehensive visitation schedule, but also to a joint plan for deciding things such as which school the child will go to or who the orthodontist will be when it comes time to get braces. Though a good portion of child custody disputes to settle without the parties ever having to undertake a full blow evidentiary hearing in front of a judge, many do not. When faced with the prospects of a court hearing, or perhaps a custody evaluation from an expert, it’s advisable to be aware of what the court looks for when making determinations of parenting time and decision-making. The primary statute judge’s look to when allocating child raising rights and duties in Colorado Revised Statues 14-10-124. Section 124 sets forth the “best interest” standard most people who have dealt with child custody issues have heard of.

Though most lay people believe “best interest” is derived from a common-sense analysis of what’s best for a child, the reality is that what is deemed “best” for a child is going to be subjective to each parent’s opinions, which may differ, or to the judge’s beliefs, which may differ from both parents’. Rather than predicating child custody determinations on each individual judge’s subjective viewpoint on child rearing, Section 14-10-124 sets forth a list of specific factors a court is required to look at when making determinations of both parenting time and decision-making. Family law attorneys in Denver are aware of these factors and parents should be, too.

C.R.S. 14-10-124 (1.5)(a) indicates that a court should look at the following 9 factors related to allocation of parenting time:

1. Both parents’ wishes related to parenting time;
2. The child’s wishes related to visitation, if that child is old enough and mature enough to express a reasoned preference.
3. The relationship between the child and each parent, his or her siblings, and other significant relationships of the child which may “significantly affect the child’s best interests.”
4. The child’s adjustment home, school, and community.
5. The parents’ and child’s physical and mental health (a disability cannot be the sole basis to impede parenting time).
6. The ability of each parent to foster a positive relationship and contact between the child and the other parent.
7. Whether the pattern of past involvement of the parents with the child is reflective of a system of values, time commitment, and mutual support.
8. The physical proximity of the parents’ homes to each other as might impact parenting time and the child’s needs.
9. Each parent’s ability to place the needs of the child over his or her own.

C.R.S. 14-10-124 (1.5)(b) sets forth that, in addition to the parenting time factors set forth in (a), a court should look at the following factors when allocating decision-making responsibilities:

1. Evidence of the parents’ ability to make joint decisions and cooperate with each other regarding such.
2. The past pattern of involvement tied into values, time commitment, and mutual support and whether such demonstrates that the parents have the ability to make joint decisions which promote “a positive and nourishing relationship with the child.”
3. Whether joint decision-making on some or all major issues will promote more frequent contact between the child and each parent.

Statute does not indicate that one factor is more important than the other. Regardless, the reality is that courts are generally going to put a greater weight on certain factors depending on the circumstances presented in each case. When dealing with issues of allocating parenting time or primary residence, the court is certainly going to pay more attention to the past pattern of involvement and time commitment, coupled with the child’s adjustment to his or her home than the other factors. When looking at allocating parental responsibilities regarding the making of major decisions, a court is going to not only look at involvement, but also each parents ability to place the child’s needs above their own and the ability of both to work together. One of the critical factors for either a parenting time or decision-making analysis is a parent’s ability to foster a relationship between the other parent and the child. A parent who demonstrates a pattern of trying to marginalize the other parent’s time with the children, role in their lives, or the other parent’s ability to take part in the making of decisions runs the risk of negatively impacting their own case, which could even include less parenting time or loss of residential custody. Given the current systematic theme of equal parenting time and joint decision-making which permeate cases today, most child custody attorneys know just how important it is to demonstrate the ability to to value the relationship between the other parent and the child.

In any case, the judge will ultimately determine which factors weigh most heavily in his or her decision. A judge in a Douglas County child custody case might find certain factors much more relevant that a judge in an Adams County case. Furthermore, two judges presented with identical facts might come to completely different conclusions based on their assessments of “best interest” and C.R.S. 14-10-124. Given the array of possible outcomes, C.R.S. 14-10-124 should be treated as a framework for structuring a case, with the understanding that a judge’s discretion will ultimately control the outcome.

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Child Custody: Rights of First Refusal

People’s lives change over time, and the same is true after a divorce. But what happens when your former spouse wants to move and take your child with them?

You may wonder, Can I prevent child relocation after a divorce? Below, the Denver family attorneys at Plog & Stein P.C. provide general information about the law regarding child relocation after a divorce. However, you should speak with one of our experienced family lawyers for guidance that is specific to your case.

Post-Divorce Child Relocation

First, you should examine the parenting plan issued as part of the divorce. A parenting plan reflects either a custody agreement between the spouses or an order by the divorce court allocating custody between the parents.

Most Colorado parenting plans ,state that if either parent wishes to move a “significant distance,” they must get permission from the court or the other party. Colorado law mirrors this requirement. If the parent with whom the child resides a majority of the time wants to relocate, and the relocation would “substantially change” the ties with the other parent, they have two choices. They can either:

• Obtain the consent of the other parent to relocate, or
• File a motion with the court asking to relocate.

In other words, you cannot just leave if you are the one thinking of relocating. You must get permission first. If you want to prevent your child’s other parent from relocating, you can refuse to give them your consent. They’ll likely go to court if you refuse, so speak to a lawyer for assistance.

What Is a Significant Distance?

Moving a “significant distance” under this relocation law is not limited to situations where the parent moves out of state. If the move would reduce the other parent’s time with the child or burden the other parent’s ability to see the child under the parenting plan, the relocating parent must take the above steps.

Suppose the parent would like to relocate from one part of Denver to another. This would not likely be considered a move that would significantly change the other parent’s ties with the child. However, if the relocating parent wishes to move from Denver to Colorado Springs, this would likely be considered a significant change. It should be noted that each case is different and there is no set distance.

Motion to Relocate

If the non-relocating parent does not consent to the move, the relocating parent must ask the court for permission to relocate. To do so, they must file a Motion to Relocate with the court. The court will consider many factors when deciding whether to approve the parent’s and child’s relocation.

The court decides any such motion based on what is in the best interests of the child. The best interests of the child include the following considerations:

• Each parent’s wishes;
• The child’s wishes, if they’re of suitable maturity;
• The relationship between the parents, child, siblings, and other family members;
• The mental and physical health of all parties;
• The parents’ abilities to communicate and cooperate; and
• Current and past involvement in the child’s life.

These are factors a court examines in any child custody or visitation matter.

The court will also examine factors specifically pertaining to the relocation, such as:

• Why the parent wants to relocate,
• Why the other parent objects to the relocation,
• Each parent’s relationship with the child since the implementation of the prior parenting plan,
• The educational opportunities at the new and current locations,
• The presence of extended family at either location,
• The benefits of the child staying with the primary caregiver,
• How the move could impact the child,
• Whether the court can construct a reasonable long-distance parenting schedule, and
• Any other factor that the court deems relevant.

Plus, the court will consider any domestic violence when deciding whether to approve the relocation.

Can I Prevent My Child’s Relocation?

The answer to this question depends entirely on the facts and circumstances of your case. You could refuse consent and oppose the relocation motion, and the court might still decide that relocation is in your child’s best interests. The court could even significantly alter the parenting plan to reflect this change. Thus, you should speak with a qualified family attorney if you want to prevent your former spouse from relocating with your child.

Contact Our Skilled Attorneys About Child Relocation

Child custody matters can be stressful, and the child relocation law is complex. At Plog & Stein P.C., our lawyers have decades of experience representing parents in custody disputes, including relocations, throughout the Denver area. Contact us today.

You may already be stressed, frustrated, or unsure what this means for your future with your child. The process can feel deeply personal, and it is. The evaluator’s report can influence where your child lives, who makes major decisions, and how parenting time is shared.

So what should you expect from this process, and how can you prepare without losing sleep? Understanding the role of the parental responsibilities evaluator, knowing how to prepare for your first meeting, and recognizing the importance of experienced legal guidance can help you feel confident and focused throughout the process.

If you have additional questions about meeting with a parental responsibilities evaluator, please contact our Denver child custody lawyers today at (303) 781-0322.

Table of Contents

1. What Is a Parental Responsibilities Evaluator?
2. When the Court Orders an Evaluation
3. What Happens Before the First Meeting with a Parental Responsibilities Evaluator in Colorado
4. Your First Meeting with the Evaluator: What to Expect
5. Psychological Testing and Home Visits
6. Tips to Approach the Process with Confidence
7. What Makes Plog & Stein, P.C. Different
8. Talk to a Lawyer Who’s Been Through This Before
9. Parental Responsibilities Evaluator FAQs
   1. Can I Object to the Evaluator’s Findings?
   2. Is a PRE the Same as a CFI (Child and Family Investigator)?
   3. What If I Can’t Afford an Evaluation?
   4. How Long Does a Parental Responsibility Evaluation Take in Colorado?

What Is a Parental Responsibilities Evaluator?

A parental responsibilities evaluator in Colorado (often called a PRE) is a court-appointed mental health professional or social worker tasked with assessing the best parenting arrangement for your child.

The evaluator typically conducts in-depth interviews and psychological evaluations, reviews documents, and may even speak with teachers or medical providers. Their findings are compiled in a detailed report that the court considers when determining parenting time, decision-making authority, and other custody matters.

PREs are appointed in high-conflict or complex cases where the judge needs more context to make decisions in the child’s best interest. Their role is evaluative, not therapeutic. Because the court relies heavily on the evaluator’s conclusions, the process can significantly shape the outcome of your case.

When the Court Orders an Evaluation

Judges take Colorado parental responsibility laws seriously and do not order evaluations lightly. A PRE is typically appointed when serious or complex disputes exist, such as:

• Concerns about a parent’s mental health or substance use. These issues may affect decision-making capacity or a child’s safety.
• Requests to relocate with the child. A move outside Colorado often triggers significant disputes about parenting time.
• Allegations of abuse or exposure to conflict. The evaluator may need to assess whether contact with either parent poses emotional or physical risks.
• Special needs or behavioral issues. The evaluator may review each parent’s ability to meet the child’s developmental or medical needs.
• Persistent disagreements about parenting roles. Even when no safety issue exists, long-term disputes over authority may warrant professional input.

These evaluations help the court identify what arrangement serves the child’s best interests.

What Happens Before the First Meeting with a Parental Responsibilities Evaluator in Colorado

After being appointed, the parental responsibilities evaluator will send both parents an informational packet and questionnaire. This form may ask about your relationship history, your child’s needs, and concerns about the other parent.

Before submitting your responses, review your draft with your attorney. The evaluator’s first impressions often begin with that document, and clear, accurate language matters.

Our child custody attorney can help you thoughtfully frame your answers while remaining truthful and consistent with the facts of your case.

Your First Meeting with the Evaluator: What to Expect

Meeting with a Colorado parental responsibilities evaluator is often required in contested custody cases. While the idea of being assessed may feel intrusive, preparation and transparency can make the process far less daunting. During your initial meeting:

• You’ll be asked about your child’s daily routine, needs, and any concerns you have about the other parent’s behavior;
• You may be asked to complete questionnaires or provide documents, such as school reports or communication logs;
• The evaluator may observe interactions between you and your child; and
• Your demeanor, communication style, and willingness to cooperate are all being noted.

Many evaluators conduct individual interviews with each parent. Depending on the child’s age and maturity level, they may also interview the child and conduct home visits.

Psychological Testing and Home Visits

Evaluations frequently involve psychological tests or similar assessments. These tests help assess emotional functioning, stress response, and interpersonal tendencies that could affect parenting. There is no way to “ace” these tests, so authenticity is the best approach.

Another key stage involves a home visit. During this visit, the evaluator observes how you and your child interact in your home environment. They may note:

• How comfortable and safe the living space feels,
• Your responsiveness to your child’s emotional cues,
• Communication patterns and discipline style, and
• The child’s demeanor and comfort around you.

Some evaluators also conduct joint sessions with both parents to observe how they communicate and handle tension. While these moments may be uncomfortable, they assist the evaluator in assessing your ability to work together for the child’s best interest.

Tips to Approach the Process with Confidence

While the evaluator’s insights can certainly sway the court’s decisions, they don’t hold all the cards. How you choose to present yourself is equally important and can make a significant impact:

• Be honest. If there are challenges or past mistakes, acknowledge them and focus on what you’ve done to improve.
• Stay child-focused. Always bring the discussion back to your child’s needs, not your frustration with the other parent.
• Be respectful. Treat the evaluator professionally. They serve the child’s interests, not yours or the other parent’s.
• Don’t coach your child. Let your child express their views naturally if they’re interviewed.

The more sincere and prepared you are, the more you contribute to an accurate and helpful evaluation.

What Makes Plog & Stein, P.C. Different

At Plog & Stein, P.C., family law isn’t just a practice area. It’s our calling. With decades of experience in custody cases, including those involving parental responsibility evaluations, our team is dedicated to safeguarding our clients’ parental rights. Colorado courts recognize us for our preparedness, pragmatism, and passion.

Our attorneys help clients present their strengths, highlight important context, and challenge an evaluation when it seems biased or inaccurate. We also understand the human side of this process and prioritize responsive communication, consistent updates, and a compassionate approach.

Whether you’re starting the custody process or addressing an evaluator’s report, we offer strategic representation focused on your child’s best interests.

Talk to a Lawyer Who’s Been Through This Before

You don’t have to do it alone if you’re heading into a parental responsibilities evaluation. Our family law attorney can provide invaluable guidance during a parental responsibilities evaluation.

They’ll help you prepare your documentation, clarify your goals, and avoid missteps that could undermine your credibility. Having an advocate on your side helps you stay focused on what truly matters: your child’s future.

Parental Responsibilities Evaluator FAQs

Can I Object to the Evaluator’s Findings?

If you believe the evaluator’s report to be inaccurate or biased, you have the right to object through your attorney. Depending on the specifics of your case, you may pursue options such as requesting a supplemental evaluation or contesting the report’s admissibility.

Is a PRE the Same as a CFI (Child and Family Investigator)?

No. CFIs typically conduct more limited evaluations and are often used in less complex cases. PREs have broader authority and may include psychological testing or home visits as part of their process.

What If I Can’t Afford an Evaluation?

PREs can be costly, but the court may adjust cost-sharing between parties. Sometimes, less expensive alternatives such as a CFI may be considered. It’s important to raise this concern with your attorney or the court early in the process.

How Long Does a Parental Responsibility Evaluation Take in Colorado?

The timeline varies, but often ranges from eight to twelve weeks. More complex cases involving psychological testing or multiple interviews may take longer, especially if the evaluator requests additional documentation.