Are you a Colorado resident going through a divorce and wondering how to work it out for the best interest of your kids? If so, then Tirey O’Neil is among the experienced Colorado Child Custody Lawyers to help you with this.
During a divorce process, the most crucial part is negotiating a child custody agreement. And to ensure that you don’t miss any important steps that you may end up regrating, you should find a child custody lawyer in Colorado. Besides that, there are several benefits gained by having a child custody lawyer, and we will share all that with you here, so keep reading!
Note, if you are looking for the best child custody lawyer in Colorado, here are a few things you should know before proceeding:
- First, what is child custody?
- Different types of child custody?
- When does Child custody apply?
- Parental Responsibility vs. Custody
- When to modify child custody
So, let’s get into it!
What Is Child Custody?
Child Custody refers to the legal boundaries that define parental legal and physical responsibility of a child. This includes the responsibility to educate, supervise, provide for, and ensure a child’s well-being. And so, a custody agreement ensures that a parent is responsible for a minor child.
What are the different types of custody?
Well, there are four types of custody according to Colorado law which include:
- Primary physical custody: This is awarded to one parent only, and it means a child will spend much time at that parent’s home. However, the other will still have custody, but it will be limited custody.
- Sole Custody: This is where one parent is awarded full custody of the child in a case where another parent is unfit. And this might be due to serious financial problems, drug use, or alcoholism.
- Joint Custody: This involves parents sharing a child’s custody equally. However, a parent might share joint custody but not physical custody.
- Legal custody: Also known as decision-making responsibilities, is a type of custody where a parent can decide on behalf of the child. This is mostly applicable for minors where a parent can decide on education, religion, health, and even child upbringings.
When does Child custody apply?
Good question. In fact, it’s not only during divorce is when you can seek child custody. This can be called upon in several situations, including:
- During divorce: This is the most common situation and pretty self-explanatory.
- To ensure child safety: If it is discovered that the parents are unfit to take care of their child, this law can be implemented. In this case, a group of homes, family members, or foster homes will be given parental responsibility. This aims to remove a child from any danger, such as domestic violence due to irresponsible parents.
- Unmarried Parents: If two parents want to separate but were never married, this law can also be applied. This is important mostly when the couple cannot reach a mutual agreement regarding how to care for their child/children.
Is there a difference between “Parental Responsibility vs. Custody?”
Not exactly. We are used to the term “custody” when dealing with these kinds of situations. However, the Colorado law no longer uses it but adopted the term “parental responsibility” instead. This makes it easier to understand, and it includes parenting time and decision-making authority between the parents.
But if a parent can’t agree on these issues, the El Paso County judge will, therefore, decide on their behalf. This will involve allocating parenting time and parental responsibilities within the best interest of the child.
Can only one parent be awarded custody?
Yes. Whether it’s the Mother or the Father, it doesn’t matter.
For example, if one parent is determined to be unfit and incapable of caring for the child, then the law will award the other parent full custody. This is mostly done in the child’s best interest, which majorly focuses on child safety and rights.
However, the court always tries to ensure equitable parental responsibilities when it comes to child custody.
Can I Modify Child Custody, and if so, when?
Yes. This mostly is applicable when:
- One parent feels that there is a danger posed on the child in the other parent’s home, or the other parent has become unfit to care for the child. This is usually ideal when you agreed on joint legal custody, and you can claim sole custody.
- A parent who was once considered unfit to take care of the child is deemed fit after putting their live together.
So, if in need of modification, you can check out the child custody attorney in Colorado, Tirey O’Neil, to help you with this.
In conclusion, a custody attorney is a valuable piece of the custody process.
In fact, an attorney will not only guide you through the entire process and represent your best interests, but more importantly, offer emotional support too. This is simply because family matters are always emotional and complex that they actually seem to be. And having someone alongside you that will guide and support you through it is essential.
Be sure to reach out to any Colorado custody attorney or custody lawyer Colorado law firms to learn more about child support.