Divorce and Family Attorneys serving Boulder, Weld, and Larimer Counties

The legal determination of parental responsibilities includes parenting time and decision-making. Historically, these principles were referred to as physical and legal custody. The court has authority to determine parental responsibilities in dissolution of marriage cases (for married parents) and allocation of parental responsibilities cases (for non-married parents). Best Interests Factors In determining parenting time and decision-making, the judge is required to consider the best interests of the child standard. These include the following factors: (I) The wishes of the child’s parents as to parenting time; (II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;  (III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests; (IV) The child’s adjustment to his or her home, school, and community; (V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time; (VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; (VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support; (VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time; (IX) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence; (X) Whether one of the parties has been a perpetrator of domestic violence, which factor shall be supported by a preponderance of the evidence; (XI) The ability of each party to place the needs of the child ahead of his or her own needs. Best Interest Factors In Practice Each one of these factors has a dearth of background history in cases that will be assessed in relation to the facts of your case by your attorney. It is important to note that though the wishes of the child are a factor, it is very rare for a child to be directly involved in the case. It is a common misconception that children get to decide which parent to live with at some age. There is no such law or age in Colorado. The law provides that a child’s wishes are considered over age 12, but are far from determinative. The judge is to consider the child’s maturity in relation to their wishes. In practice, the wishes of children below teen years are almost completely unpersuasive. Even the wishes of teens are mostly inconsequential as well unless backed by good reasons, such as a showing of a better relationship with one parent. Teen’s wishes are often disregarded for favoring the less strict parent. Child and Family Investigators There is difficulty in even presenting evidence to a judge of a child’s wishes. Children are generally not allowed to testify in the case and very rarely may be interviewed by a judge. There is no option for a child to provide their wishes to a judge in writing either. Usually the only way to present the child’s wishes to the court is through an investigation by a Child and Family Investigator (CFI). A CFI is a third-party who conducts and investigation by interviewing the parents, the child, contact’s familiar with the family, teachers, therapists, and any other parties familiar with the family. The investigation usually includes home visits to each parent’s residence. The CFI is often a lawyer or a therapist. After investigating, the CFI prepares a report to the court with their suggestions on parenting time and decision-making. The statutory fee for a CFI’s investigation is $2,750.00. This is usually split between the parties. There are additional fees to have the CFI testify at a hearing. Parenting Time The best interest factors are applied to determine appropriate parenting time. In recent years, Colorado courts have shown a strong tendency toward 50/50 parenting time orders when safe and practical. There is no presumption in favor of a mother or father. Important facts to secure parenting time include the ability to show a history of safe, active parenting of the child and the ability to provide safe, quality parenting time in the future. Decision-Making The best interest factors are applied to determine the apportionment of decision-making. Decision-making involves the responsibility to make major decisions about the child’s health and education. Decision-making is either joint between the parents or granted to one parent. In the absence of domestic violence or child abuse, the most common order is joint decision-making. If parents have joint decision-making responsibility, they must get agreement from the other parent before making major health and education decisions related to the child. The most common decision affecting co-parenting is school choice. If parents cannot reach agreement, they must present the issue to the court or seek a change in decision-making authority. The court will require mediation prior to any hearing. Changes related to decision-making are not a quick process, so must be filed well in advance of a time-sensitive change. ​ Parental responsibilities can be determined by a juvenile court judge in dependency & neglect (D&N) cases brought by child services as well. Our firm does not handle D&N cases. The foregoing only relates to district court proceedings.