Family Law

: Colorado Family Law Blog

Can I Get Sole Custody? Can I get Joint Custody?

By Jennifer Rice, Esq. (all)

Nope not really. After February 1, 1999, the term "custody" and related terms such as "custodial" and "custodian" have been changed to "parental responsibilities". The term "custody" is no longer used. In part to get away from the idea of children being treated like property, Colorado shifted to the term "Parental Responsibilities." Parental Responsibilities includes both parenting time and decision making. The Court determines the allocation of parental responsibilities based on what is in the best interests of the child(ren).

For parenting time, there is no definition of "joint" or "sole" just a schedule of when the parenting time shall occur and under what conditions (supervised, therapeutic, etc.). It is important to determine whether the parenting time includes overnights or not (this matters for the calculation of child support).

In deciding parenting time, the Court looks at many factors including: what do the parents want, what does the child want (if they are old and mature enough), what family ties does the child have in each situation, how has the child adjusted to the home, school or community. The Court may also look at the mental and physical health of everyone involved (but not using a disability alone to deny or restrict parenting time), physical proximity of the parties, and is anyone guilty of child abuse or spousal abuse by credible evidence. Court also looks at whether the parties are able to encourage the sharing of love, affection, and contact between the child and the other party and is each party able to place the needs of the child ahead of his or her needs.

For decision making, the Court looks at credible evidence that the parties can cooperate and make decisions jointly. It is also important whether the parties' past involvement shows similar values, etc. that show that the parties can mutually make positive decisions for the child. If one party has been a perpetrator of child abuse or neglect, mutual decision making might not be child's best interests if the other party objects.

Decision making covers the major decisions regarding the child (education, medical, dental, mental health, and religious). Decision making can be joint or sole or divided up by types of decision making between the parties (for example, dad has sole religious decision making and mom has sole educational).

If it is necessary to designate or determine custody for other state or federal laws, the parenting plan must identify the responsibilities of each of the parties.

Full post as published by Colorado Family Law Blog on February 21, 2007 (boomark / email).