Parenting Time in Colorado
In Colorado, both parents have the right to spend reasonable time with their children unless it could harm the child's health or emotional well-being. Even if one parent is deemed "unfit" as the main caregiver, they can still have reasonable parenting time unless there’s clear proof that it would endanger the child. If parents can’t agree on a parenting schedule during a divorce or custody case, a judge will make the final decision.
What do Judges Consider when deciding Parenting Time?
Judges in Colorado look at several important factors when deciding on parenting time:
Parents' Wishes: The court considers what each parent wants for the schedule, but if a parent’s wishes don’t seem best for the child, they may not matter as much.
Child’s Wishes: Depending on their age and maturity, a child's preferences can be taken into account. While kids usually don’t testify, the court can hear their thoughts through reports from professionals like child and family investigators.
Relationships: The court looks at the child’s connections with parents, siblings, and other important people in their lives, including any conflicts in those relationships.
Adjustment to Home and School: The court considers how well the child is settling into their home, school, and community, including how long they’ve lived in each home and any special needs they have.
Health of All Parties: The physical and mental health of everyone involved is important. If necessary, the court might order a professional evaluation.
Encouragement of Relationships: The court pays attention to whether each parent supports the child's relationship with the other parent. A parent who doesn’t encourage this without a good reason may face consequences.
Involvement with the Child: The court looks at which parent has been more involved in caring for the child in the past.
History of Abuse or Violence: Any history of abuse, neglect, or domestic violence is taken very seriously and can greatly impact the decision.
Putting the Child First: The court assesses whether parents prioritize their child’s needs, even if it means being flexible about their own time.
These factors can vary depending on each family's situation. Every family is unique, and every child custody situation demands a personalized approach. If you’re facing a divorce, custody case, or looking to modify parenting time, I’m here to help. Let’s start a conversation to ensure your family’s needs are met.