Fort Collins Child Custody Lawyer

Issues in Parental Responsibility Cases

The court addresses two major areas in parental responsibility cases: parenting time and decision-making authority. A Fort Collins courthouse will make these decisions according to the best interests of the child.

Parenting Time

Parenting time refers to the amount of time that the minor child spends with each parent. Not only do the parties have to figure out the regular parenting plan and schedule, but they also need to determine pick-up and drop-off arrangements, the holiday schedule, and the vacation schedule.

Parenting time can either be joint or primary. A parent has primary parental responsibility if the other parent has less than 90 overnight visitations with the children.

If the parents in Fort Collins equally share in overnight visitation, there is joint parental responsibility.

Decision-Making Authority

Decision-making authority refers to who gets to make significant decisions relating to the minor child.

There are three different areas of decision-making:

• Educational decisions. Education decisions include such things as where the child goes to school, whether the child or children needs to move up or down a grade, or whether they need special education services.
• Medical decisions. Medical decisions include decisions like who the child’s doctor is, who the child’s dentist is, whether the child needs an elective medical procedure, and what medications the child needs to be on.
• Extracurricular activities. Extracurricular activities can be any activities the children participate in after school, during summer vacation, and throughout the year outside of school.

A Fort Collins courthouse can order either joint decision-making authority or sole decision-making authority. If there is joint decision-making authority, both parties must agree on the decision before it is made.

If there is sole decision-making authority, one party makes the decision without needing the other party’s consent.

How Does the Court Determine a Child's Best Interest?

The court will make its decisions on parental responsibility based on what it believes is in the best interest of the child.

The court starts with the assumption that frequent and continuing contact between each parent and the child is in the best interest of the child.

When determining the child’s best interest, the court will consider:

• The wishes of the child’s parents as to parenting time and parenting plan
• The wishes of the child if he or she is mature enough to make a reasoned and independent decision
• The relationship of the child to his or her parents or siblings
• The child’s adjustment to his or her home, school, and community 
• The mental and physical health of all the individuals involved – though a disability alone is not a reason to deny or restrict parenting time
• The ability of the parties to share responsibility and time – though if a party is trying to shield their child from abuse, neglect, or domestic violence, a parent’s protective actions will not be considered
• Past patterns of involvement with the child that reflect time commitment, values, and mutual support
• The physical proximity of the parties to each other
• The ability of each parent to place the child’s needs above their own
• Whether one of the parties has been a perpetrator of child abuse or neglect
• Whether one of the parties has been a perpetrator of spousal abuse

Modifying Child Custody in Fort Collins

Child custody can be modified if it would be in the best interest of the child. A Fort Collins courthouse will not order a substantial restriction of parenting time unless it is shown that the present environment may endanger the child’s physical health or emotional development.

Supervised Visitation

Supervised visitation is when the child’s time with a parent must be supervised. The court in Fort Collins will order supervised visitation if the parent is a danger to the child either physically or emotionally.

A judge may order supervised visitation if there are signs that the parent would abduct the child, if the parent has a history of abusive behavior, or if the parent has substance abuse issues.

There are many different ways the visit can be supervised. For example, the visit could take place at a supervision facility.

Alternatively, a friend, family member, or therapist could be present during the visit.

Contact Our Law Firm to Speak to a Fort Collins Child Custody Attorney

Navigating child custody and parental responsibility in Colorado can be very difficult. With so many factors at play, you need a dedicated child custody lawyer in Fort Collins on your side, helping you every step of the way. The child custody attorney at this law firm can help you through this challenging time for you and your family.

If You Have Questions About Your Child Custody Case, Contact an Experienced Child Custody Lawyer Serving Fort Collins Today at (970) 293-8371.