A Colorado Child Custody Attorney Advocating For You And Your Children
Although every family law dispute can be stressful, the stakes feel uniquely high when it comes to child custody and other matters impacting the well-being of children. At Peter Rogers Family Law, we understand that your children are your top priority, and that’s a value we share. We provide supportive guidance designed to reduce your stress and help you focus on protecting your children and advocating for your parental rights.
Our attorney, Peter Rogers, is ready to represent you in your custody matter, whether it stems from a divorce or a breakup with a partner you were never married to. Through it all, he will bring his unwavering commitment to ensuring that custody decisions are made in your children’s best interests and that they are shielded from the potentially harmful effects of a legal dispute. This has been his mission throughout a career spanning more than five decades.
Understanding Colorado’s Child Custody Terminology
Although the term child custody is still very common, the terminology was officially changed in recent years. In Colorado we now have the allocation of parental responsibilities (APR). There are two components of APR:
Decision-making responsibility: Previously referred to as legal custody, decision-making responsibility is the authority given to each parent to make important decisions about their child’s upbringing. This could include decisions related to medical care, religion, education and other areas of significant importance to the children.
Parenting time: This is time that each parent gets to spend with their child. Parenting time used to be called physical custody or visitation.
Decision making can be awarded equally (joint custody), given to one parent only (sole custody) or split unequally between the two parents. It is also common for both parents to equally share decision-making responsibility, even if they have an unequal allocation of parenting time.
As a child custody lawyer for more than 50 years, Pete has observed and participated in many changes to Colorado’s family laws, practices and terminology. One thing that hasn’t changed, however, is his steadfast commitment to protecting children during this difficult process and ensuring that decisions are made in their best interests.
There Are Numerous Ways to Resolve A Custody Dispute
As with other aspects of family law, disputes over allocation of parental responsibilities can be resolved using a variety of methods. Some of these include:
- Direct negotiation between parents in consultation with their respective attorneys
- Mediation, which is direct negotiation facilitated by a neutral third party (the mediator)
- Courtroom litigation
When possible, the first two methods tend to be best for all involved. They are typically faster, cheaper and less stressful (for parents and so also less stressful for the children). They also allow parents to create a highly customized parenting plan that works well for their particular family.
If agreement cannot be reached or negotiation simply isn’t possible, litigation is likely the only remaining option. When preparing for litigation, our firm coordinates closely with professionals like child and family investigators (CFIs) and parental responsibility evaluators to help determine and protect what is in the best interests of the children.
When And How Can Parenting Time Be Modified In Colorado?
Although family courts in Colorado want children to have stability and consistency, judges also recognize that people and circumstances change over time. Therefore, it is possible modify an existing custody order with the permission from the court (filing a Motion for Modification). If you are considering requesting a change, however, it’s important to understand the specific conditions under which these petitions are heard.
First, you can seek to modify the allocation of parental responsibilities only if there has been a significant change in circumstances since the original order was put in place. This could include changes in the child’s needs, a parent’s need or desire to relocate or changes in a parent’s ability to care for the child.
Another scenario for modification might be considered is if both parents agree to the changes. When both parties are in agreement, the process can be more straightforward and faster, but court approval is still required to ensure that the new arrangement serves the child’s best interests.
Additionally, if you believe that your child’s current living situation puts them in danger, you can petition for an immediate restriction of parenting time. In such cases, the court must hold a hearing within 14 days of filing the motion to restrict. During those 14 days only is the parenting time restricted. This is a very serious motion, and often abused.
It’s essential to provide clear evidence and documentation to support your request for modification. Consulting with an experienced child custody lawyer like ours can help you present the strongest argument for your position.
Contact Us Today And Discuss Your Legal Needs For Free
Based in Boulder, Peter Rogers Family Law serves clients throughout Boulder County and surrounding areas of Colorado. To take advantage of a free initial consultation with a child custody lawyer who listens and cares, call us today at 303-879-8431 or reach out online.