Parenting Time And Decision Making Responsibilities
In Colorado, if spouses are unable to agree on a reasonable parenting plan, courts will evaluate the best interests of the child and then determine the parenting responsibilities. Parental responsibilities are divided into two main categories: Parenting Time and Decision Making Responsibilities. Which parent gets the most time or the most responsibilities, or all of it, is based on the best interests of the child.
The courts will consider various factors when making a custody determination including:
- The child’s wishes and the parents’ wishes
- Current and past relationships between the child and each parent, sibling, or other influential people
- Whether the parent reflect a positive, loving, supportive and committed environment
- The mental and physical health of everyone involved
- The physical distance between everyone involved
- Any history of child abuse, neglect, or spousal abuse
- The child’s adjustment to school, home and community
- Ability of the parents to make decisions jointly
Denver Parenting Time Lawyers
Parenting Time, formerly known as “visitation,” is the division of time that the child will spend with each parent (weekday and weekend schedules, as well as holiday arrangements). In most cases one parent will be given a majority of time and is called the primary or custodial parent. The other parent is referred to as the non-custodial parent and may have parenting time and responsibilities on the weekend and over school vacations.
If the parents in a divorce or separation are unable to agree on a parenting plan that’s best for their child or children, then the courts will look at the child’s best interest and order parenting time the way it sees fit. There are many factors that courts evaluate, and the court can even make decisions against what a minor child wishes. In Colorado, minor children do not have the power to choose where they want to live or even spend a majority of their time.
That’s why it’s so important to have a dedicated and experienced Denver Family Lawyer on your side. At Fisher & Associates, our attorneys know the system and can help you get the results that you and your children deserve.
Speak to an attorney today – call us at (303) 779-5300!
Decision Making Responsibilities
Decision Making Responsibilities are assigned the same way as Parenting Time. If both parents are able to work together when making decisions for their child, then they will be able to share the responsibilities going forward. However, if the parents can’t agree on major decisions for their child, like medical, educational, or religious practices, then usually the primary or custodial parent will have the rights and responsibilities to make those major decisions.
Relocation with Children
Before 2001, Colorado Law allowed the primary parent to move with a child. The law has since changed and post-divorce moves with a child are much more complicated and difficult to achieve. Today, relocation with children, whether to another state or even a major move within the State of Colorado, will often require court approval. The courts will evaluate the request and will grant the primary parent permission if the move is determined to be in the best interest of the child.
It is important to consult an experienced family law attorney when relocating with children after a divorce or separation. Call us today at (303) 779-5300 to set up a 100% Free consultation with one of our experienced and dedicated family lawyers.