Allocation of Parental Responsibility
Secure Your Child’s Future: Act Now with a Grand Junction, CO Parental Responsibilities Lawyer
Prioritizing a child’s well-being and future is one of the most sensitive issues that any parent may be concerned with when going through a divorce. Filing for parental responsibilities can create tension between parents, especially given the allocation factors that the family court will examine to decide what’s best for the child. To completely ensure a just decision, parents in the area may consult a Grand Junction, CO parental responsibilities lawyer. Under Colorado law, the more commonly known term “child custody” is instead referred to as “parental responsibilities.” The case involves physical custody for the child, proper education and health rights, allocated parenting time, and other serious decision-making responsibilities for the minor involved.
How the Allocation of Responsibilities Is Determined
A Colorado state judge will settle parental responsibilities in the child’s best possible interests by involving both of the parents as equally as possible. The judge shall not evaluate a parent’s behavior if it doesn’t affect their relationship with the child. The judge also won’t favor any gender as a basis for the allocation. Colorado law highlights the importance of sharing the child’s rearing through a loving environment. There must also be proof of consistent affection and contact between the children and their parents. In cases where joint custody is far from being possible, the highest consideration will still fall under the child’s needs. These may be in the form of physical support, mental stability, emotional needs, and his or her overall safety.
Important Factors Considered
There are two primary issues that are addressed in parenting responsibilities through the legal process. “Parenting Time” and “decision-making” both evaluate major child custody issues and determine visitation agreements.
1. Parenting Time Family court law consistently pursues the best interest of the minor in determining relevant factors and concerns for the allocation of parenting time. The minor’s best interests re: parenting time and schedules is a common issue for both parties. The decision on this matter will affect daily visitation schedules. The pick-up and drop-off agreements will also be settled to avoid conflict from both parties. This also includes the child’s schedule during holidays and vacations. Specifically, here are the main points covered under the Colorado Revised Statutes section 14-10-124, taking into account the following:
- The wishes of both parents to the minor
- The child’s wishes given his/her sufficient maturity
- The level of interaction and relationship of the child with important people who guide him/her, including parents and siblings, who may greatly influence his or her ideal interests
- The need for the child to modify not only his accustomed home but also his or her school, and community
- The mental and physical health of the child, parents, and anyone else involved in the usual environment of the minor
- Parental ability to encourage good contact, love, and consistent affection between the child and other parent, as courts prioritize how the parents will foster a working relationship between the child after the divorce
- Parental involvement with the child through previous evidence of commitment in making time, promoting values, and overall support
- The physical proximity of both parents, to consider practicality in parenting time (and the court will also consider relocation cases by judging the child’s age, the capacity of the child to travel alone, and the parental financial position)
- The capacity to put their child’s welfare first before themselves; the judge will examine previous sacrifices the parties make to put greater importance to the child’s needs
- Cases of child abuse or neglect by any parent under the law, assisted with valid evidence to qualify for further evaluation
- Cases of domestic abuse by a parent under the law, assisted with valid evidence to qualify for further evaluation
2. Decision-making As for the decision-making process, this addresses the major decisions that concern the minor in terms of medical, educational, and religious choices in life. This also includes the extracurricular activities that the child may take. Depending on the case, the involved parties may be required to make joint decisions, or one parent will be solely handling this aspect. The legal court is expected to establish several more factors to ensure that the minor, as well as the parties involved, are all protected, including:
- Evidence that both parties are cooperative and can make joint decisions together. If they are not capable or willing to, decision-making will be solely awarded to a single parent
- Evidence of parental involvement and supportive relationship with the child. The court will assess the parties’ capabilities in promoting mutual stability even after the divorce
- Evidence of constant contact between the parties through the allocation of joint decision-making responsibility.
In cases that involve issues of child abuse, a more detailed examination will be held. Other issues, such as sexual assault or domestic abuse, will also be greatly considered. The judge will follow through detailed instructions to settle these sensitive topics. This thorough process will legally determine the most nurturing environment for the minor.
Complex Cases Demand Reputable Legal Help
Cases that involve a minor are certainly complex and emotional to go through. You and your child downright deserve a stable resolution that will benefit everyone involved. This challenging issue will indeed require support from experienced legal help to ensure your child’s future and well-being. Let a Grand Junction, CO parental responsibilities attorney help you build a strong defense by contacting us today! You may also call Trace Tyler’s office for other questions.