Parental Responsibility is the term now used for custody issues in Family Law in Colorado. If parents would spend more time – and money – on fixing the problems that infect the child’s relationship with either parent instead of paying lawyers to fight about what a terrible parent the other person is, the child would be so much better off.
The Court considers many factors when determining where the children should live and who should have decision-making responsibilities. How old is your child? What is the relationship the child has with each parent now? Is that good or bad for the child? Are the parents able to communicate in a way that fosters good decision-making in the best interests of the child? What is the financial and career choice of each of the parents? Are there any substance abuse or domestic violence issues to consider?
Parents need to understand that the Court’s in Colorado take your child’s right to have both parents in his or her life and the parent’s right to be able to parent very seriously.
I had a case this month where my client was asking to restrict mother’s parenting time based on her neglect of the child and some other very concerning matters. Although our evidence demonstrated that the child is often injured while with mom, that mom leaves him often with others during her parenting time, that she has substance abuse issues AND the child was involved in a sexual incident with another child, the court ordered that mom take a drug test and attend a level II parenting class – not that her parenting time should be restricted.
People need to realize that poor parenting skills and the inability for parents to get along is most often not enough for the Court to find the child should not be with that parent.
In another case, although I was able to prove that dad only exercised 25 days of parenting time over the past 5 years, the Court granted my client’s motion to relocate but would not modify decision-making responsibilities to sole-decision making for mom and awarded dad significant summer parenting time.
If you can’t communicate with mom – get into a high-conflict parenting class together.
If you have substance abuse issues that will inevitably cause you to lose your parenting time pay for treatment, not a lawyer to defend your bad parenting.
If you want to be closer to your child – move instead of fighting to have you kids go back and forth, sacrificing their lifestyle, friendships and activities to spend time with you somewhere else.
Save your children and restructure your family in a positive and helpful way not in a courtroom.
Please email me or call if you have any questions or concerns.
Denver 720-943-7707
Avon/Vail 970-949-0776
