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Custody (Allocation of Parental Responsibility) In Colorado the term “custody” has been replaced with “parental responsibility,” which is composed of two components. The first component is decision-making responsibility for the children. Decision-making involves major decisions such as health, education, religion, and extracurricular activities. These decisions can be awarded solely to one parent, jointly to both parents, or the decisions can be split between the parties, e.g., one-party having decision-making for health and religion, and the other party having decision-making for education and extracurricular activities. The second component of parental responsibility is parenting time. This involves where the children live, and how much time they will spend with each parent. It is important that a specific parenting time schedule be devised so that there is consistency, stability and predictability for the children. Typically, the parties share holidays, and a schedule can be easily devised to facilitate holiday parenting time. Parenting time can always be modified later if it is in the children's best interests. This requires an agreement of the parties or a Court order, which can be obtained following a hearing. It is difficult, however, to change the residence of a child from one parent to the other once a primary parent has been established. The initial living arrangements for the children are important because they establish the standard that will be required to change such an arrangement. There are certain resources available to the parties to assist the Court in determining issues concerning parental responsibility. In the event there is a dispute about any child-related issue, the parties can request that the Court appoint a Child and Family Investigator (CFI). A CFI can be, but does not have to be, an attorney. Typically we find that mental health professionals are best suited for this role. If appointed, a CFI must investigate the case and submit to the Court a report containing recommendations on any disputed issues. More often than not, the Court will adopt the recommendations of the CFI. If a case involves difficult legal issues concerning the children, the Court can appoint an attorney, or Children’s Legal Representative (CLR), to represent the child or the children's best interests. Additionally, either party may request the Court order a parental responsibility evaluation, which involves full psychological testing of the parties and, if necessary, the children. A parental responsibility evaluation is similar to the investigation conducted by a CFI except that it is more comprehensive. As a result, a parental responsibility evaluation is typically much more expensive than the costs for an investigation by a CFI. The modification of parental responsibility is controlled by Colorado statute. The forms necessary to file to commence an action can be found at: http://www.courts.state.co.us/chs/court/forms/domestic/
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Our firm practices and is admitted to practice only in Colorado. The information contained on this website is unique to Colorado. |
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