Parental Rights - Mother
Denver and Boulder area Child Custody Lawyer
Caring for a child and raising it well when the parents are divorced can be a wasp's nest of conflict and problems. Whereas years ago, courts used to assign most of the responsibility and work to the mother, these days the father is given a greater share.
The guiding principle is "the child's best interests" and each case is evaluated on its own merits. If it appears that the father would be the most stable and reliable custodial parent, with visiting rights given to the mother, that is as likely to be mandated as the reverse, more traditional arrangement.
Cooperation and mediation
As times have changed, so too have the tendencies of court orders. Another fairly recent change is a greater emphasis on mediation. Ideally, the two parents can cooperate for their children's sakes, put aside old quarrels, jealousy, and anger, and agree on the best parenting plan. If they can do that on their own, and submit it to a court, it's likely to be approved.
If they sink into non-productive disputes, mediation will be ordered, where a third, neutral person is present during discussions between the two parents. This often helps each parent to stick with the task at hand, and a workable parenting plan can be devised with that help.
If parental disagreement prevails and no custody plan can be arrived at, the court will decide who should have custody, and to arrive at that decision, they may appoint a psychologist to evaluate each parent.
Changing the arrangements
If one of the parents thinks the other is falling short with custody or visitation, that parent can petition the court for termination of those rights. They must provide convincing proof, such as photographs, or better yet, videos, that the other parent is harming the child. However, if the other parent can convince the court that they've changed their behavior, and can now provide better child care, the court will usually allow them to continue.
In some cases a custody evaluation will be ordered, and will be performed by a court-appointed psychologist. This evaluation, together with testimony from each parent, and other input as determined by the court, will form the basis for any court-ordered change in custody arrangements.
Whereas in past years, custody was regarded as "either-or", now it is not seen in that black-and-white way, but can be increased or decreased, with more time given to one or the other parent.
Relocation
In 2005, the Colorado Supreme Court ruled that no Colorado court can require a parent to continue living in Colorado. A move will be allowed, as long as the child's best interests are not violated. Both parents must show the court that they'll continue to provide good care, and since it is thought that all people have a right to move or travel, the parent who wants to leave Colorado will not have to prove that this move is "in the best interests" of the child.
"Picking up" the children
Because of jealousy or a desire to control others, the issue of who picks up the children from school or child care often causes disputes if the parenting plan language doesn't spell it out clearly. But the court will not change arrangements unless one of the parents shows convincing proof of a genuine threat to the child. Again, this would require photographs or videos.
To help you understand your child custody situation from a legal perspective, a Denver child custody lawyer at Hull & Zimmerman will give you a free parental rights consultation and answer all your questions. We'll look at the facts, assess your situation, and explain legal terms. If you choose to retain us, we'll assign whatever resources are needed to bring your case to a successful conclusion. At all stages of the process, we'll be available to explain and answer your further questions.
Greater Denver metro area and Colorado child custody lawyer.
Hull and Zimmerman, P.C.
2921 W. 120th Ave., Ste 220
Westminster, Colorado 80234
Phone: 303-423-1770
Fax: 303-423-2102
Toll Free: 1-866-385-3505
Email Us
