One of the most frightening considerations in divorce is the fact that the courts will have control of splitting up your parental rights and responsibilities. This means that someone else will influence how much time you get to spend with your kids.
Between the uncertainty and the horror stories about custody outcomes that many people share, it is common to worry about the potential outcome of your divorce. Some people may become quite depressed about the prospect of losing custody and fail to adequately advocate for themselves as a parent.
It is also possible that, at the time of your divorce, you were going through a rough patch. Now, you have your life back on track and your ex wants to spend more time with your kids. You likely have the option of seeking a custody modification that will let you spend more time with them.
The courts usually prefer a fair split of parental rights and responsibilities
The Colorado family courts don't really talk about custody anymore. Instead, the term they use is parental rights and responsibilities. As a parent, you have an obligation to provide the basic necessities of life to your child. From a home and food to an education and health care, there are many needs a child has that the parents have a responsibility to meet.
Parents also have a right to be part of the child's life and to make decisions about their child's health, religion and education. The courts choose the best way to split up the rights and responsibilities of parents between both spouses in a divorce. Usually, both spouses share in both rights and responsibilities. That means shared parenting time, shared decision-making authority and, potentially, an order to pay child support.
However, sometimes the court makes a decision that favors one parent over the other. If that happened in your case, you likely have a right to seek a modification and to hopefully spend more time with your children.
How a modification helps
In order to change the allocation of parental rights, you have to ask the courts to change the original order they created. Presenting evidence of your positive relationship with the kids, or of your attempts to improve and stabilize your life, will help convince the courts that such a change would be in the best interests of your children.
There can be a lot of paperwork and documentation required to secure a modification after a Colorado divorce. For that reason, working with an attorney can benefit parents who want to spend more time with their children. It can let you stay focused on your life, instead of on court proceedings.