Introduction
The decision of who will have primary custody of a child after a divorce is one of the most important and difficult decisions that parents will face. In Colorado, as in most other states, the primary goal of the court is to determine what is in the best interests of the child. This is not always as straightforward as it may seem.
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Many factors come into play when making a custody determination; no two cases are alike. Relevant variables include the age of the child, the relationship between the child and each parent, the child’s wishes (if they are old enough to express them, and the financial and emotional resources of each parent.
I remember a case where I handled the divorce for a couple with two young children. The mother was a stay-at-home mom, and the father worked long hours to support the family. Both parents loved their children very much, but they had very different ideas about how to raise them. The mother wanted to raise the children in a very traditional way. She wanted them to go to church every Sunday, and she wanted them to learn how to cook and clean. The father was more relaxed about discipline and wanted the children to explore the world without a lot of rules. In that particular case, we were able to reach a compromise that worked for both parents and the children.
What is Primary Custody?
Primary custody is the legal right and responsibility to make major decisions about a child’s life, including where the child will live, what school the child will attend, and what medical care the child will receive. The parent who has primary custody is also responsible for the child’s day-to-day care.
Sole Custody vs. Joint Custody
Sole custody is when one parent has the exclusive right and responsibility to make decisions about the child’s life. Joint custody is when both parents share the right and responsibility to make decisions about the child’s life. Joint custody means both having physical custody and legal custody of the child.
Joint custody is becoming more common in Colorado, and it can be a good option for parents who can work together and put their child’s needs first. However, it is not always the best option. In some cases, one parent may be more fit to have sole custody than the other.
Factors the Court Considers When Awarding Primary Custody
When making a custody determination, the court will consider a variety of factors, including:
1. The child’s age and developmental needs.
2. The relationship between the child and each parent.
3. The child’s wishes (if they are old enough to express them).
4. The financial and emotional resources of each parent.
5. The stability of each parent’s home environment.
6. The history of violence or abuse in either parent’s home.
7. Any other factors that the court deems relevant.
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Tips for Winning Primary Custody in Colorado
If you are seeking primary custody of your child in Colorado, there are a few things you can do to improve your chances of success:
1. Document everything. Keep a journal of your interactions with your child to the extent possible, and document any concerns you have about the other parent. This documentation will be helpful to your attorney in court.
2. Be a good parent. This means being involved in your child’s life, providing a stable and nurturing home environment, having good communication with your child’s teachers and doctors, and making sure your child is healthy and happy.
3. Work with a qualified attorney. An experienced family law attorney can help you understand your rights and options and advocate for your best interests in court.
Frequently Asked Questions About Primary Custody in Colorado
Q: What is the difference between physical custody and legal custody?
A: Physical custody refers to the parent with whom the child primarily resides. Legal custody refers to the parent who has the right to make major decisions about the child’s life, such as where the child will live, what school the child will attend, and what medical care the child will receive.
Q: What is a parenting plan?
A: A parenting plan is a written agreement between the parents that outlines the details of their custody arrangement, including the physical custody schedule, the legal custody arrangement, and the decision-making process. The parenting plan is typically filed with the court and incorporated into the divorce decree.
Q: Can I modify a custody order?
A: Yes, you can modify a custody if there has been a material change in circumstances since the order was entered.
Some examples are: the child is no longer in danger of being neglected or abused, the other parent has a history of domestic violence, or the current custody arrangement is no longer in the best interests of the child.
How To Get Primary Custody In Colorado
Conclusion
Getting primary custody of your child is a difficult process, but you must prepare yourself as much as possible and remember that the most important thing is the well-being of your child.
If you are considering filing for divorce and have any questions about child custody, please contact an experienced family law attorney to discuss your rights and options.
Are you wondering how to get primary custody of your child in Colorado?
