Custody / Parental Responsibility

One of the most difficult problems individuals encounter when faced with divorce is the prospect of losing custody of their children.  In Colorado, when determining who will take custody of the couple’s children, the court will consider the best interest of the child when evaluating several factors --  which include but are not limited to:   the wishes of the parents, the wishes of the child, the child’s adjustment to his / her present home, the mental and physical health of the parties involved, the proximity of the divorced parents; new living arrangements, child abuse, past patterns of paternal commitment, and the child’s relationship to his / her siblings.

Several different forms of custody exists:

Legal Custody / Decision Making Authority :

If a court has granted a divorced parent the right to make decisions about raising a child, then that parent has legal custody or decision making authority over that child.  Typical parental decisions made under legal custody or decision making authority include those involving health care and education.

Physical Custody

Physical custody is simply the right of parent to live with his or her child in the same household.

Sole Custody / Decision Making Authority

Sole custody / decision making authority means that one parent makes all major decisions regarding a child, and that the other parent has visitation or parenting time.

Joint Custody / Joint Decision Making Authority

Divorced parents, living apart, who are ordered by a court or agree to share all of the major decision making authority over a child have what is legally referred to as joint custody / joint decision making authority over that child.  Joint decision making authority arrangements might include alternating weeks, one-month periods or spending weekends and holidays with one parent while spending weekdays with the other.

Third Party Appointment

Often when seeking a divorce in Colorado, when parental responsibility  becomes an issue, a third party (guardian ad litem, special advocate or parenting coordinator) is appointed to protect the best interest of the child.  While this increases the expense of the proceedings, it sometimes is necessary to protect the child and assist the court in making decisions regarding parenting time or responsibility.  I am very familiar with local providers who provide these services.

As an experienced family law attorney, I understand the emotional turmoil involved at the prospect of losing one’s child.  Call our office immediately, and we will educate you and support you by guiding you through the options that are available to you.  We can listen to you carefully and help the court get the necessary facts it needs to make a proper determination of custody.

Mary Kay Kramer, P.C.
Attorney at Law
“A Family Law Attorney Offering Professional and Personalized Advice for the Colorado Springs Area”

Call today for a free consultation.

Mary Kay Kramer, P.C.
Attorney at Law
1820 West Colorado Avenue
Colorado Springs, CO 80904
Phone: 719.475.9994
Fax: 719.447.9732
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