Colorado Springs Child custody Lawyer 

Advocating for Your Rights & Interests During Difficult Times

At Aviso Law, we understand the importance of your relationship with your children and your involvement in their life. Child custody, parenting time and visitation are often sensitive and difficult matters, and it takes an emotionally intelligent and experienced family law lawyer to successfully handle them. At Aviso Law our Colorado Springs based family law attorneys are experts in child custody, parenting time and visitation, and we have the experience, skill and client-focused approach needed to make decisions that benefit you and your relationship with your children.

The Benefits of a  Child Custody Lawyer in Colorado Springs

When it comes to custody battles, having a competent child custody lawyer in Colorado Springs on your side can be invaluable. They can provide legal advice and represent you in court, helping to ensure that your rights are respected throughout the process. A child custody lawyer also knows how to develop and present a strong case for why you should receive favorable outcomes in your legal proceedings. Factors such as income, age of the child(ren), parental responsibility, and other issues will all be taken into account when building a successful case. 

Additionally, hiring a child custody attorney ensures that there is someone who is solely focused on looking out for your best interests during this difficult time. Your attorney will have extensive experience handling all kinds of challenging cases and won’t be swayed by any outside influence. They’ll work diligently to negotiate and mediate effectively so that both sides can come to an agreeable resolution, if possible. 

Hiring a dedicated lawyer for your custody battle is essential for making sure that you have the best chance at having your side of the story heard in court. Don’t go into it alone -- get the help you need to protect your rights and ensure a successful outcome. The right Colorado Springs child custody lawyer can make all the difference.

Contact our Colorado Springs child custody attorney today at (719) 356-5552 to learn how we can help you and your family!

On this page:

• Allocation of Parental Responsibilities
• Domestic Violence and Parenting Time in Colorado
• Seeking Legal Advice
• The Process of Allocating Parental Responsibilities in Colorado
• Temporary Orders
• Mediation or Negotiation
• Court Hearings
• Court Order
• Contempt
• Enforcement of Parenting Time & Contempt
• Restriction of Parenting Time
• Grandparents Rights
• Relocation

Allocation of Parental Responsibilities

In Colorado custody is called the allocation of parental responsibilities. Custody battles can be the most difficult and painful part of any divorce. When determining custody the Colorado court will determine a parenting schedule based on the best interests of the child. According to C.R.S. § 14-10-124, in determining the best interests of the child for purposes of parenting time, the court shall consider all relevant factors, including:

• The wishes of the child’s parents as to parenting time
• The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
• The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;
• The child’s adjustment to his or her home, school, and community;
• The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
• The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this factor;
• Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
• The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
• The ability of each party to place the needs of the child ahead of his or her own needs.

Domestic Violence and Parenting Time in Colorado

In Colorado, domestic violence is a significant factor that can impact a court's decision regarding parenting time and decision-making responsibilities. The court's primary concern is always the best interests of the child, and domestic violence can significantly impact your case.    

How Domestic Violence Impacts Parenting Time:

If a parent has a history of domestic violence, the court may:

• Order sole decision-making authority: The court may limit the abusive parent’s ability to make medical, educational or religious decision regarding their child. 
• Restrict Parenting Time: The court may limit the abusive parent's parenting time, especially if the violence was directed at the child or the other parent.   
• Supervised Visitation: The court may require supervised visitation, meaning that the abusive parent can only visit the child in the presence of a supervised visitation monitor.   
• Deny Parenting Time: In severe cases, the court may completely deny the abusive parent parenting time.   

Factors the Court Considers:

When determining parenting time in cases involving domestic violence, the court will consider various factors, including:

• The nature and severity of domestic violence: The court will assess the specific acts of violence, the frequency of the abuse, and the impact on the child.
• The risk of future harm to the child: The court will consider the potential for future violence and the risk to the child's safety.   
• The ability of the abusive parent to control their behavior: The court may consider whether the abusive parent has taken steps to address the underlying issues and reduce the risk of future violence.   
• The child's wishes: If the child is old enough to express their preferences, the court may consider their wishes.   
• The impact of the domestic violence on the child: The court will assess the emotional and psychological impact of the violence on the child.   

Seeking Legal Advice

If you are involved in a custody dispute and domestic violence is a concern, it is crucial to consult with an experienced family law attorney at Aviso Law. One of our dedicated attorneys can help you protect your rights and the best interests of your child.   

Restriction of parenting time:

In Colorado, the legal standard to restrict parenting time is imminent physical or emotional danger to the child. This means that there must be a clear and present risk of harm to the child if they are with the other parent unsupervised.   C.R.S. 14-10-129(4). 

To restrict parenting time, a parent must file an emergency motion with the court. This motion must include specific allegations of the danger, such as physical abuse, emotional abuse, or neglect. The court will then schedule a hearing within 14 days to determine whether the restriction is warranted.   

It is important to note that this is a high bar to meet. The court will carefully consider the evidence presented and will only restrict parenting time if it is absolutely necessary to protect the child.  Baseless allegations can result in the award of attorney fees. 

If you are considering filing a motion to restrict parenting time, it is important to consult with an experienced family law attorney. They can help you understand the legal process and determine whether you have grounds for a restriction.

The Process of Allocating Parental Responsibilities in Colorado

The process of allocating parental responsibilities (APR) in Colorado is designed to determine the best interests of the child. This involves deciding on both parenting time and decision-making responsibilities. The court will use the factors outlined in C.R.S. 14-10-124.  Here's a general overview of the process:   

Initiating the Process:

• Filing a Petition: One parent files a petition for allocation of parental responsibilities with the appropriate Colorado court or if the parties are married the allocation of parental responsibility will be decided as part of the divorce process. 
• Serving the Other Parent: The petitioner must serve the other parent with a copy of the petition and summons.   
• Response by the Other Parent: The Respondent has 21 days if in state to respond or 35 days out of state to respond. 

Attend Initial Status Conference (ISC).  Generally, the ISC is simply a scheduling conference outline deadlines for the case. For example, if child support is at issue the parties will be given a deadline to complete their Sworn Financial Statement and exchange their 16.2 disclosures. 

Temporary Orders:

• Emergency Orders: In urgent situations, the court can issue temporary orders to protect the child's safety and well-being. For example your spouse is arrested for child abuse. 
• Temporary Orders: These orders can establish temporary parenting time and decision-making arrangements until a final order is issued.   

Mediation or Negotiation:

• Mediation: Parents may be encouraged to attend mediation to resolve their differences and create a parenting plan.   
• Negotiation: Parents can also negotiate directly with each other or through their attorneys to reach an agreement.   

Court Hearings:

• If the parents cannot agree on a parenting plan, the court will hold hearings to determine the best interests of the child.   
• Evidence and Testimony: The court will consider evidence and testimony from both parents, as well as any expert witnesses, such as therapists or child psychologists.
• Child Interviews: In some cases, the court may interview the child to determine their preferences, but this is usually only done in older children and with careful consideration of the child's emotional well-being. It is important to note that unless the child is sufficiently mature to expressed reasoned and independent preferences as to the parenting time schedule

 Court Order:

• The court will issue a final order that outlines the allocation of parental responsibilities, including: 
  • Parenting Time: The specific schedule for each parent to spend time with the child.   
  • Decision-Making Responsibilities: Who will make decisions about the child's education, healthcare, and other important matters.   
  • Child Support: The amount of child support to be paid by the non-custodial parent.

Key Considerations:

• Best Interests of the Child: The court's primary concern is always the child's best interests. The specific factors are outlined in C.R.S. 14-10-14. 
• Cooperation and Communication: The court encourages parents to cooperate and communicate effectively for the child's benefit. Therefore, parents should be ready to show the court evidence of their ability to cooperate and co-parent. 
• Flexibility: Parenting plans may need to be adjusted over time to accommodate the child's changing needs.   
• Legal Representation: It is advisable to consult with an experienced family law attorney to understand your rights and protect your child's best interests.

Remember, the specific process can vary depending on individual circumstances.  It's essential to consult with an attorney to get personalized advice and guidance.

Contempt

Court orders are typically enforced through contempt proceedings. Contempt of court is governed by Colorado Rules of Civil Procedure Rule 107 and include refusal to permit or cooperate with parenting time schedule, joint decision-making, paying child support or maintenance. Aviso Law provides legal representation in both the prosecution and defense of contempt proceedings, and we pride ourselves on our thorough and effective representation in every aspect of these proceedings.

There are two types of contempt: (1) remedial and (2) punitive.

In order to be successful when filing a remedial contempt, one must prove:

• A valid court order
• Knowledge of that order
• Failure to comply with court order
• Ability to comply with court order
• The burden of proof for a remedial contempt is preponderance of the evidence and must be met for each element. If a party is found to be in remedial contempt, the court can make orders, award attorney fees and put the offending party in jail until the offending party complies with the order.

Punitive contempt must prove:

• A valid court order
• Knowledge of that order
• Failure to comply with court order
• Ability to comply with court order
• Willful refusal to do so
• The burden of proof is beyond a reasonable doubt. If a party is found to be in punitive contempt, the court can incarcerate the offending party for up to six months in jail.

Enforcement of Parenting Time & Contempt

Unfortunately even with an order from the court many individuals choose not to follow parenting time schedules and child support orders. Generally parenting time or visitation can be enforced through C.R.S. § 14-10-129.5 “motion to enforce parenting time” or through a Motion for Contempt of Court. There are several reasons or advantages to filing a motion to enforce parenting time. When and if the court finds that a parent violates a parenting time order, the court may:

• Levy civil fines of up to $100 for each denied visit
• Require makeup parenting time
• Modify the parenting time orders
• Require the posting of a bond to ensure future compliance
• Require family counseling at the expense of the violator
• Find the violator in contempt of court
• Award of attorneys fees, court costs and other expenses related to the proceeding

Restriction of Parenting Time

Often, parents come to the belief that the other parent’s parenting time should be restricted. In the event that the child is in imminent danger of physical or emotional harm, a parent may file a motion to restrict parenting time pursuant to C.R.S. 14-10-129(4). However, what the court considers “imminent danger” and what parents typically view as “imminent danger” can be different. Individuals seeking to restrict parenting time should always consult with an attorney. If the parent filing the motion to restrict parenting time does not prove at the hearing that there is an “imminent danger” to the child and the court finds that the motion was substantially frivolous, substantially groundless or substantially vexatious, the court shall require the moving party to pay the reasonable attorney fees and costs of the other party.

Grandparents Rights

Not all custody battles are between mother and father. In some situations Colorado law allows grandparents of a child to seek custody. Although biological parent rights generally trump grandparent rights, grandparents do have legal options, and we, the attorneys of Aviso Law, can help you determine your rights.

Relocation

Military families are always on the move, and it may be necessary to relocate. As one of the most litigated areas of family law, relocation can be a complex issue, and you should always seek the advice of a skilled family law attorney in such matters.

When a parent seeks to relocate with the children resulting in substantial geographic ties with the other parent, and there is an existing custody or parenting order, the factors the Colorado Court considers includes:

• Reasons why the party wishes to relocate with the child(ren);
• Reasons why the opposing party is objecting to the proposed relocation;
• History and quality of each party’s relationship(s) with the child(ren) since any previous court approved Parenting Plan;
• Educational opportunities for the child(ren) at the existing location and at the proposed new location;
• Presence or absence of extended family at the existing location and at the proposed new location;
• Advantages of the children remaining with the primary caregiver;
• Anticipated impact of the move on the child(ren);
• Whether the Court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and
• Any other relevant factors bearing on the best interests of the child(ren).

The attorneys at Aviso Law understand first hand how military orders to move location can impact families and they also know how important it is to have a skilled military family law attorney on your side in relocation cases.