Child custody can create tension and stress for parents seeking a divorce or separation. For those divorcing, this is a central issue in the legal battle. Most of the time Colorado courts will award one parent primary custody while taking into consideration the best interests of the child. A child custody lawyer from Baumgartner Law can help streamline this legal process, and represent your best interests in and out of court at all times.
Benefits of Hiring a Child Custody Lawyer to Represent You
An experienced visitation rights attorney from our Colorado law firm knows how to support parents during a child custody battle. At Baumgartner Law, we always take the time to present fact-based arguments, which are essential in giving our clients the edge during negotiations and at trial. After all, education, schedules, medical care and other topics are all discussed during legal proceedings between parents. A court will decide where a child/children will live, who will make decisions about their medical care and schooling, who receives child support, and visitation schedules, which includes both the frequency and duration of the visits. At Baumgartner Law, we believe in doing what’s best for the child(ren) involved. As such, we’ll present fair and balanced parenting plans, when applicable.
- Dependency Neglect Cases
- Grandparent Rights
- Same-Sex Family Law
Child Custody Laws
There is a presumption in Colorado law that strong, continuous relationships with both parents is in a child’s best interests. Typically, therefore, a Colorado judge orders parents to share legal custody, or have joint legal custody. This means that each parent has an equal right to see their child and make life decisions regarding the child. Sole custody is rare but can be granted in situations where abuse or domestic violence occurred. Colorado child custody law also recognizes a grandparent’s right to visitation.
Modification of Child Custody and Visitation
Very often, the circumstances of the parents or the child(ren) change, and Colorado Law allows for the child custody and visitation order to be changed. With some notable limitations, a judge can change the child custody and visitation order any time that the judge finds that the change is in the child’s best interests. Sometimes, this means restricting one parent’s custody or visitation due to dangerous circumstances. Other times, a change may simply be based on better prospects for the child under a new arrangement.
Call to Speak to Our Visitation Right Attorney Today in a Professional Legal Consultation
If you or a loved one needs legal help with child custody issues, schedule a professional legal consultation with a child custody lawyer from Baumgartner Law. During this important conversation, we can discuss the details of your case and answer any questions you have about the process, including how child custody is determined. To learn more and to schedule this professional legal consultation, call Baumgartner Law at (303) 529-3476. We serve Denver, Lakewood, Aurora, and Boulder, Colorado.
Dependency & Neglect Cases
Parenting time of each respective parent is decided by the Court based on what the Court finds is in the best interests of the child. A judges will decide what the child’s overnight schedule will be, what the visitation schedule will be, and where the child spends each holiday and special occasion, such as birthdays and vacations. The Court is required to consider a non-exhaustive list of factors, which are set out in C.R.S. 14-10-124. A knowledgeable attorney can help you maximize each of these considerations in your favor and for the benefit of your child.
Decision making responsibilities include all major decisions on how a child is raised, including educational decisions, medical choices and treatments, religious training, and extracurricular activities. Colorado Courts will consider whether the parents can make decisions affecting the child together or “jointly” before they give the exclusive right to just one parent. For each decision-making issue, a Court can decide that the parents must make the decision jointly, or that one parent has sole decision-making responsibility. At all times, the Court must make that decision based on what is in the child’s best interests, and will consider the factors set forth in C.R.S. 14-10-124(b).
Child Support in Colorado is based on the principle that each parent owes the child an obligation, and that child support is the right of the child, not the parent receiving the child support funds. Calculating child support begins with a calculation of the total income of each parent, and the percentage of time that the child spends with each parent. However, a Court can deviate from this formula for “good cause,” and several factors are listed as considerations in C.R.S. 14-10-115(2). Often, without representation, parents do not receive a fair consideration of all of the factors that should be considered in a child support determination. This is perhaps the most common area in which people representing themselves are taken advantage-of.