Our Colorado family law attorneys are here to provide you with answers related to your child custody case. We want to provide the best outcome for your children. Here are some common issues we encounter with child custody, and what we can do to assist you with the right legal representation.
Who will receive custody?
There is not a set rule on which party will receive custody of your child. The courts will look at all statutory factors related to your case and will make the best decision for your child. Joint custody and sole custody are not terms used in the state of Colorado. Instead, the term “parental responsibility’ is used in Colorado, which refers to joint parental responsibility. If a parent has fewer than 90 days of overnight visitation with the child, the other parent is considered the one with full primary parental responsibility. Colorado also divides residential responsibility from decision-making responsibility, which means one parent will make the majority of decisions regarding the minor children without needing to consult with the other parent. Joint decision-making occurs when the parents share the responsibility of the raising of the child.
Who Pays Child Support?
Child support payments are determined based on gross monthly income and expenses. Which parent is responsible for the majority of time with the child? This is the parent that will normally receive some child support payments to assist in raising the child. If one parent fails to pay child support, the other parent cannot legally prevent the other parent from seeing the child.
When a divorce occurs, one of the hardest things for a child to deal with is the separation from their extended family. Grandparents often miss out on many special occasions in their grandchildren’s lives due to the custody arrangements. Generally speaking, grandparents do not have rights. There are situations where they can file for rights because one of the spouses has lost custody or is deceased.
Can I Modify Custody?
Modifying custody is another part of divorce that we deal with. A parenting plan can be modified at any point when there is an action that one party feels will be in best interest of the minor child. A substantial modification only occurs when there is a situation that could endanger the child. If you would like more custody of the child, it is recommended you speak with our Denver family law firm to discuss your case. We will help you determine what is in the best interest of the child and what you can do to ensure your child will be given the best future. For more information about the custody process, contact Tony Jarrett today.