Child Custody

Colorado Springs Child Custody Lawyer

Advocating for Your Rights & Interests During Difficult Times

At Aviso Law, we understand the importance of your relationship with your children and your involvement in their lives. Child custody, parenting time, and visitation are often sensitive and challenging matters, and it takes an emotionally intelligent and experienced family law attorney to handle them.

At Aviso Law, our Colorado Springs-based child custody lawyers are skilled in child custody, parenting time, and visitation, and we have the experience, skills, and client-focused approach needed to make decisions that benefit you and your relationship with your children.

Contact our Colorado Springs child custody attorney today at (719) 356-5552 to learn how we can help you and your family!

Understanding Allocation of Parental Responsibilities (APR)

In Colorado, custody is called the allocation of parental responsibilities. Custody battles can be the most difficult and painful part of any divorce. When determining custody, the Colorado court will determine a parenting schedule based on the best interests of the child.

According to C.R.S. § 14-10-124, in determining the best interests of the child for purposes of parenting time, the court shall consider all relevant factors, including:

The wishes of the child’s parents as to parenting time
The wishes of the child, if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
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;
The child’s adjustment to his or her home, school, and community;
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;
The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this factor;
Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
The ability of each party to place the needs of the child ahead of his or her own needs.

Types of Child Custody (APR) in Colorado

Navigating the complexities of child custody can be overwhelming, especially during emotionally charged times. It's essential to understand the different types of custody arrangements that may apply to your situation. This knowledge can empower you to make informed decisions that prioritize your child's well-being.

Here are the primary types of child custody you should be aware of:

Physical Custody: This determines where the child will live and who will provide daily care. Physical custody can be sole or joint, depending on the parents' circumstances.
Legal Custody: This grants a parent the right to make significant decisions about the child's upbringing, including education, healthcare, and religious instruction. Like physical custody, legal custody can also be sole or joint.
Sole Custody: In this arrangement, one parent has exclusive physical and/or legal custody of the child. This is often granted when the other parent is deemed unfit or unable to care for the child.
Joint Custody: Both parents share the responsibilities and rights associated with raising the child. This can be a beneficial arrangement that promotes a cooperative co-parenting relationship.
Joint custody involves collaboration and mutual respect between co-parents. Our lawyers facilitate the development of a co-parenting plan designed to enhance communication and prioritize the child's welfare.

At Aviso Law LLC, our experienced attorneys can help you understand which type of custody is best suited for your situation. We will work diligently to ensure that your rights are protected and that the best interests of your child are always the top priority. Schedule a consultation today to discuss your options and take the first step toward a favorable custody arrangement.

Local Child Custody (APR) Considerations in Colorado Springs

Colorado Springs, located in El Paso County, presents unique considerations for child custody arrangements due to its military presence and community dynamics. Understanding local demographic trends and how they influence custody decisions can be vital for parents navigating the legal system.

The proximity to military bases such as Fort Carson often means that family law matters need to incorporate military regulations and schedules, including considerations for deployment and relocation. At Aviso Law, our familiarity with military life enables us to advocate effectively for both military and civilian clients, ensuring their custody arrangements reflect their family’s needs.

Community resources in Colorado Springs, such as family services programs and parenting workshops, provide support to parents during custody negotiations. Being informed about these local opportunities can assist in creating a parenting plan that encourages positive co-parenting and stability for the child.

Our attorneys at Aviso Law engage with local professionals to offer comprehensive support, connecting clients with services that enrich the custody process.

The Process of Allocating Parental Responsibilities (APR) in Colorado

The process of allocating parental responsibilities (APR) in Colorado is designed to determine the best interests of the child. This involves deciding on both parenting time and decision-making responsibilities. The court will use the factors outlined in C.R.S. 14-10-124. Here's a general overview of the process:

Initiating the Process:

Filing a Petition: One parent files a petition for allocation of parental responsibilities with the appropriate Colorado court, or if the parties are married, the allocation of parental responsibility will be decided as part of the divorce process.
Serving the Other Parent: The petitioner must serve the other parent with a copy of the petition and summons.
Response by the Other Parent: The Respondent has 21 days if in state to respond or 35 days out of state to respond.

Attend Initial Status Conference (ISC). Generally, the ISC is simply a scheduling conference that outlines deadlines for the case. For example, if child support is at issue, the parties will be given a deadline to complete their Sworn Financial Statement and exchange their 16.2 disclosures.

Court Order

The court will issue a final order that outlines the allocation of parental responsibilities, including:

Parenting Time: The specific schedule for each parent to spend time with the child.
Decision-Making Responsibilities: Who will make decisions about the child's education, healthcare, and other important matters.
Child Support: The amount of child support to be paid by the non-custodial parent.

The Benefits of a Child Custody Lawyer in Colorado Springs

When it comes to custody battles, having a competent child custody lawyer in Colorado Springs on your side can be invaluable. They can provide legal advice and represent you in court, helping to ensure that your rights are respected throughout the process.

A child custody attorney also knows how to develop and present a strong case for why you should receive favorable outcomes in your legal proceedings. Factors such as income, age of the child(ren), parental responsibility, and other issues will all be taken into account when building a successful case.

Hiring a dedicated lawyer for your custody battle is essential for making sure that you have the best chance at having your side of the story heard in court. Don’t go into it alone -- get the help you need to protect your rights and ensure a successful outcome. The right Colorado Springs child custody lawyer can make all the difference.

Protect your child and your parental rights. Call a dedicated child custody lawyer in Colorado Springs now for a confidential consultation. Secure the proven success of Aviso Law LLC. Call us at (719) 356-5552 or contact us online.

The Consequences of Domestic Violence in the Parenting Time in Colorado

In Colorado, domestic violence is a significant factor that can impact a court's decision regarding parenting time and decision-making responsibilities. The court's primary concern is always the best interests of the child, and domestic violence can significantly impact your case.

If a parent has a history of domestic violence, the court may:

Order sole decision-making authority: The court may limit the abusive parent’s ability to make medical, educational or religious decision regarding their child.
Restrict Parenting Time: The court may limit the abusive parent's parenting time, especially if the violence was directed at the child or the other parent.
Supervised Visitation: The court may require supervised visitation, meaning that the abusive parent can only visit the child in the presence of a supervised visitation monitor.
Deny Parenting Time: In severe cases, the court may completely deny the abusive parent parenting time.

Factors the Court Considers

When determining parenting time in cases involving domestic violence, the court will consider various factors, including:

The nature and severity of domestic violence: The court will assess the specific acts of violence, the frequency of the abuse, and the impact on the child.
The risk of future harm to the child: The court will consider the potential for future violence and the risk to the child's safety.
The ability of the abusive parent to control their behavior: The court may consider whether the abusive parent has taken steps to address the underlying issues and reduce the risk of future violence.
The child's wishes: If the child is old enough to express their preferences, the court may consider their wishes.
The impact of the domestic violence on the child: The court will assess the emotional and psychological impact of the violence on the child.

Enforcement of the Parenting Time

Unfortunately even with an order from the court many individuals choose not to follow parenting time schedules and child support orders. Generally parenting time or visitation can be enforced through C.R.S. § 14-10-129.5 “motion to enforce parenting time” or through a Motion for Contempt of Court.

There are several reasons or advantages to filing a motion to enforce parenting time. When and if the court finds that a parent violates a parenting time order, the court may:

Levy civil fines of up to $100 for each denied visit
Require makeup parenting time
Modify the parenting time orders
Require the posting of a bond to ensure future compliance
Require family counseling at the expense of the violator
Find the violator in contempt of court
Award of attorneys fees, court costs and other expenses related to the proceeding

Relocation Effects in the Parenting Time

Military families are always on the move, and it may be necessary to relocate. As one of the most litigated areas of family law, relocation can be a complex issue, and you should always seek the advice of a skilled family law attorney in such matters.

When a parent seeks to relocate with the children resulting in substantial geographic ties with the other parent, and there is an existing custody or parenting order, the factors the Colorado Court considers includes:

Reasons why the party wishes to relocate with the child(ren);
Reasons why the opposing party is objecting to the proposed relocation;
History and quality of each party’s relationship(s) with the child(ren) since any previous court approved Parenting Plan;
Educational opportunities for the child(ren) at the existing location and at the proposed new location;
Presence or absence of extended family at the existing location and at the proposed new location;
Advantages of the children remaining with the primary caregiver;
Anticipated impact of the move on the child(ren);
Whether the Court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and
Any other relevant factors bearing on the best interests of the child(ren).

The attorneys at Aviso Law understand first hand how military orders to move location can impact families and they also know how important it is to have a skilled military family law attorney on your side in relocation cases.

Aviso Law: Your Trusted Partner in Complex Custody Cases

At Aviso Law, we pride ourselves on offering more than just legal representation. We build partnerships within Colorado Springs to serve our clients better. Our attorneys have over 50 years of combined experience tackling complex custody cases involving both civilian and military families. Our approach is collaborative, drawing on local expertise from mental health professionals and educators to ensure our strategies support your child's best future.

The best interests of your child come first. Call (719) 356-5552 or reach out online to speak with a child custody lawyer in Colorado Springs about your case.

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We’re not your typical law firm. We don’t wear fancy suits (unless we have to in court) and we don’t hide behind big imposing desks. Reflective on our military roots, we strive to serve. We understand the legal process can be threatening and worrisome, which is why we work with our clients to get results. We aim to be respectful, diligent, and cost-effective while practicing the highest standards of legal representation.

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