Denver Child Custody Lawyer
Dedicated Advocacy for Custody & Parenting Time in Denver
At the Denver Family Lawyers, we understand the importance that parents play in the lives of their children. One of our greatest goals is to provide proper legal advice and help parents protect the relationships that they have with their children through parenting agreements and child custody orders.
Why Choose Denver Family Lawyers for Your Child Custody Needs?
- Award-winning representation
- We are backed by past clients with histories of success
- Attorney William Thode has 20 years of legal experience
Call (303) 225-3343 today for a case evaluation with a Denver child custody lawyer near you!
Essential Questions to Ask Your Denver Child Custody Attorney
Child custody cases in Denver can be a nasty process. With both spouses practically competing for their child or children together, some cases may create a rift between parents and children.
If you happen to be a parent undergoing a child custody battle in court, here are some questions you should ask your Denver child custody attorney to provide some clarity:
- If I am unmarried, do I need to file for child custody?
- What's the difference between physical and legal custody?
- How does the court determine who the custodian is?
- What does the court mean by "child's best interests"?
- Can my child decide who will be their custodian?
- What is a parenting plan?
When you meet with a child custody attorney Denver parents trust, you can walk through how these questions apply to your specific situation, including the history of your parenting roles, any prior court orders, and your goals for a realistic parenting schedule. Talking through these topics early helps you prepare for hearings at the Denver District Court or other local Colorado courts and reduces surprises as your case moves forward.
Understanding Child Custody Laws in Denver, Colorado
In 1999, the familiar term “child custody” was changed in Colorado to the more politically correct term “parenting responsibilities.” However, these responsibilities are still referred to in the vernacular as “child custody” matters. There are several categories of child custody cases in Colorado.
Colorado custody laws are based on state statutes that apply in Denver and throughout the Front Range, but every family’s situation is different. Courts look at decision-making, parenting time, and child support together, so it is important to understand how a parenting plan will affect holidays, school breaks, and transportation between homes. Working with a custody attorney Denver families can rely on gives you guidance on how these laws are typically applied in local courtrooms.
Custody Process for Non-Married Couples in Denver
The first category is Allocation of Parental Responsibilities (APR) cases, which occur between parents who were never married. These types of custody cases are generally brought before the domestic relations division of the District Court in the county where at least one of the parents resides.
For parents in the Denver metro area, APR cases may be filed in courts located in Denver County or neighboring counties such as Arapahoe or Jefferson, depending on where the child has been living. In these cases, the court will often require detailed information about each parent’s work schedule, housing, and involvement with the child to create a parenting plan that fits daily life. A custody lawyer Denver parents work with can help gather the right records and prepare you for mediation, status conferences, and any hearings that may be scheduled.
Child Custody for Divorcing Spouses in Denver
The second type of custody case in Denver involves parenting time and decision-making authority. These cases are generally decided during or following a divorce case and involve physical custody (who the child lives with) and legal custody (who makes life decisions for the child).
During a Denver divorce, parenting issues are typically handled in the same division of the district court that oversees your dissolution of marriage. You may be required to attend parenting classes approved under Colorado law and to submit proposed parenting plans before any temporary or final orders hearing. A child custody lawyer Denver residents choose can help you think through exchanges at school, transportation between homes, and how to handle future disputes so your plan is both practical and enforceable.
Different Types of Child Custody in Colorado
As mentioned above, child custody is categorized into two main types: legal custody and physical custody.
- Legal custody refers to the right to make significant decisions about a child's upbringing, including education, healthcare, and religious training.
- Physical custody, on the other hand, determines where the child will reside and how much time they will spend with each parent.
Parents can share joint custody, where both have equal rights and responsibilities, or one parent may have sole custody, granting them exclusive decision-making authority.
Colorado courts can also order different combinations of parenting time and decision-making authority, depending on what is best for the child. For example, one parent may have primary residential time while both parents share major decisions about school and medical care, or the court may divide decision-making areas between them. When you sit down with a Denver child custody lawyer, you can review which structure matches your child’s needs, your work schedule, and any safety concerns, and then build a proposal that clearly explains your preferences to the court.
How Child Custody is Determined in Colorado
The courts will examine the following when awarding custody of the children:
- The parents' physical and mental health
- The distance between the parents' houses
- The child's wishes, depending on his or her maturity level
- Each parent's wishes and preferences in terms of custody and parenting time
Judges in Denver and across Colorado also look closely at each parent’s track record of encouraging the child’s relationship with the other parent, any history of domestic violence, and how well the parents communicate about school, medical appointments, and activities. The court may consider input from teachers, counselors, or a court-appointed professional if doing so will help clarify what arrangement best supports the child’s stability. A child custody attorney can help you gather documents and organize your testimony so you present a clear picture of your daily parenting role.
Is Colorado a 50/50 Child Custody State?
Colorado is not a 50/50 state that splits child custody. The responsibilities and actions of Colorado parents are based on the best interests of the child or children. There is no ruling that goes to the mother, father, or equal time.
While many parents come into the Denver courthouse expecting an automatic 50/50 schedule, the law focuses instead on what works realistically for the child. Courts consider school locations, parents’ work shifts, and the history of caregiving when deciding whether equal time is appropriate or whether a different schedule makes more sense. A child custody lawyer can help you understand what judges in Denver County and nearby courts commonly approve and how to propose a parenting plan that reflects your child’s routine.
Working With Your Denver Child Custody Lawyer
Once you decide to move forward with a custody case, it helps to know what working with your attorney will look like from day one. At your first meeting, we typically review your current parenting arrangement, any past court involvement, and your concerns about safety, finances, or communication with the other parent. We then outline the likely timeline in the Denver District Court or the appropriate county court, so you understand when mediation, temporary orders, and potential trial dates might occur.
As your case progresses, we help you gather documents such as school records, medical information, messages between parents, and proposed parenting schedules that support your position. We also prepare you for mediation and court hearings by explaining what questions you may be asked and how to focus on the child’s needs when you answer. Throughout the process, your Denver child custody lawyer should keep you updated on filings, deadlines, and court responses so you never feel left in the dark about the next step.
Between court dates, we encourage clients to document important events in a simple log, including exchanges, missed parenting time, or major decisions about the child. This record can become important evidence if disputes arise later, and it also helps you stay grounded in facts rather than emotion. When questions come up about new issues, such as a possible move out of Denver or changes in school, you can reach out for guidance before taking action, allowing us to help you avoid missteps that could affect your rights.
Are you looking to get a divorce and want to fight for fair custody in Denver? Maybe you are separated parents who need to establish a plan for parenting time, or a father looking to fight for your father’s rights. Whatever the case may be, speak with a Denver child custody attorney from Denver Family Lawyers to learn what your options are.
Protect your child’s future today! Contact our Denver child custody lawyer by calling (303) 225-3343 or reach out online to explore your options.
Commonly Asked Questions
What is Considered an Unfit Parent in Colorado?
In Colorado, consider a parent unfit if they cannot fulfill the child's needs or if they threaten the child's physical or emotional well-being. If the custodian of the child shows any of these behaviors, you may have a case against them:
- Alcoholism
- Child has bodily injuries upon leaving the custodian's premises
- The custodian has been neglecting the child
- The custodian has exhibited mental illness or emotional sickness
When you are worried about a child’s safety, it can be overwhelming to decide what to do next. A child custody attorney can explain the options available through the Denver District Court or other Colorado courts, such as emergency motions, protection orders, or requests to restrict parenting time. Getting legal advice quickly helps you document concerning behavior, understand what evidence the court may look for, and take steps that put the child’s safety first without making claims the law cannot support.
How Does the Court Determine the Best Interests of the Child?
Factors influencing this determination include the child’s emotional and physical needs, the relationship each parent has with the child, and the ability of each parent to provide a stable environment. Additionally, the court may consider the child’s adjustment to their home, school, and community.
Other factors include the mental and physical health of both parents, any history of domestic violence, and the child’s preferences, depending on their maturity level. Ultimately, the goal is to create an arrangement that fosters the child's well-being and development.
Can I Request a Modification of an Existing Custody Agreement?
Yes, you can request a modification of an existing custody agreement in Denver. Circumstances may change over time, and what was once deemed the best arrangement might no longer serve the child's interests. Common reasons for modification requests include significant changes in a parent's living situation, employment changes, or shifts in the child's needs.
In Colorado, the process for modifying parenting time or decision-making usually begins with filing a motion in the same court that entered your original orders. You may need to show a substantial and continuing change in circumstances and, in some cases, wait for certain time periods to pass before asking for major changes. A child custody attorney Denver parents consult can review your existing orders, explain what the judge will look for, and help you decide whether it is the right time to seek a modification.
Can My Child Choose Which Parent to Live With?
In Colorado, a child's preference can be considered in custody decisions, but it is not the sole determining factor. The court will assess the child's maturity and ability to express a reasoned preference. Generally, children over the age of 14 may have more influence over custody decisions, while younger children's preferences may carry less weight.
Courts in Denver may gather the child’s input through a private interview with the judge or through a professional such as a Child and Family Investigator, depending on the case. Parents are usually discouraged from asking children to take sides or testify in open court because of the emotional strain it can cause. A custody attorney Denver families hire can help you understand how your judge typically hears from children and how to support your child without putting them in the middle of the dispute.
Contact a Denver Child Custody Attorney at (303) 225-3343
Attorney William “Bill” Thode has practiced family law for the past 20 years in Denver, Colorado. As a seasoned trial lawyer, he can provide the aggressive advocacy you need, tempered with compassion toward you and your children. Request your case evaluation today to learn what Denver Family Lawyers can do for you!
Contact us online or call at (303) 225-3343 for a consultation with our Denver child custody lawyer.
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