Child Custody Lawyers in Colorado Springs

Navigating through a child custody case can be an emotionally charged ordeal, stirring up feelings of anxiety, uncertainty, and fear in both parents and children alike. During such a rocky time, it’s crucial to prioritize the emotional well-being and stability of all involved parties, particularly the children. This is where an experienced child custody lawyer from Liberty Law Center can make a meaningful difference.

Our attorneys provide the necessary legal guidance, emotional support, and objective advice to ensure your child’s best interests are always safeguarded. We understand the intricate nuances of child custody laws and employ compassionate, strategic approaches to each case, aiming to minimize the potential psychological impact on the child and foster a favorable outcome for all parties.

We are here to help parents discuss custody disputes as smoothly as possible. Ensuring that your child is taken care of during a divorce is our main priority. We can assist in filing any paperwork, drafting a parenting plan, determining a parenting schedule, deciding if joint custody or partial custody is the best option, and establishing a visitation schedule if necessary. Trust us to guide you through the complexities of your child custody case with the utmost care and professionalism. Contact our law firm today at 719-602-7381 to schedule your initial consultation with a family law attorney from our team.

How is Child Custody Determined in Colorado?

In Colorado, when it comes to child custody, the well-being of the child takes center stage. Decisions are based on what’s truly in their best interest, and Colorado statutes outline various criteria to determine this. From the child’s wishes (if they’re mature enough to express them) to the parent’s mental and physical health, everything is carefully considered. The child’s adjustment to school, home, and community, as well as the ability of each parent to foster a loving relationship between the child and the other parent, also play a role. The proximity of the parents’ residences is taken into account, too.

It’s worth mentioning that Colorado doesn’t favor one parent over the other based on gender. The focus is solely on creating a stable and supportive environment for the child. That’s why the role of a child custody lawyer is crucial. They have the important task of presenting a compelling case that demonstrates how their client’s custody arrangement aligns perfectly with the child’s best interests.

Will My Child Custody Case Go to Court?

While not all child custody cases end up in court, many will go through a process of mediation, arbitration, or litigation. Mediation is the first step and involves a neutral third party guiding discussions between parents to reach an agreement on custody. This is a more flexible, confidential, and often less stressful process compared to litigation.

If mediation doesn’t work, the case may move to arbitration, where an arbitrator (specialized in family law) will make a binding decision based on the child’s best interests. The arbitrator’s decision can only be appealed under rare circumstances, making this an assertive step in the process.

Litigation is the final step if parents cannot agree, and mediation or arbitration isn’t an option. This involves a court case where a judge makes the final decision. The judge will consider all factors, including each parent’s ability to care for the child and the child’s safety and well-being.

So, while it’s possible to settle a custody case without court intervention through mediation or arbitration, it’s useful to understand that litigation could be a necessary step to ensure the child’s best interests are met. Having a strong team of attorneys on your side can make this entire process run smoother and ensure that all of your questions are answered, and expectations are met. Attempting either of the other solutions besides litigation allows the chance to agree to terms without spending money and time on a court case.

Can a Child Custody Order Be Modified?

Yes, a child custody order can be modified when significant changes in circumstances occur or when it’s in the child’s best interest. Generally, the court will consider a modification if it believes the current arrangement is not optimally serving the child’s welfare.

Some reasons for modification include a parent’s relocation, changes in the child’s needs, or modifications to a parent’s lifestyle, such as new work hours or a new marriage. Additionally, if there is evidence of domestic violence, abuse, or neglect, or if the child is in danger, immediate modifications can be made. In some cases, as children grow and mature, their preferences for living arrangements may also be considered. It is crucial that any changes are made legally, through the court system, to ensure they are enforceable. A child custody attorney can guide parents through this complex process, advocating for the child’s best interests.

The process to modify a child custody order commences with filing a petition for modification in the court that issued the initial order. This document should detail the reasons behind the request. The other parent must be served with these papers and given an opportunity to respond. If both parents agree to the proposed changes, the court can expedite approval.

However, if there is a disagreement, a hearing is set where each party presents their argument, often supplemented by evidence or witnesses. The judge evaluates all arguments and evidence, primarily considering the child’s best interest. A carefully drafted custody modification proposal, guided by one of our attorneys, can significantly streamline this process and increase the likelihood of a favorable outcome.

How are Parenting Plans Determined?

Parenting plans are typically determined through a collaborative process involving both parents and, in many cases, a family law professional such as a child custody lawyer. These professionals offer guidance and advice, helping parents to reach a fair and sustainable arrangement that prioritizes the child’s well-being.

The plan outlines details such as physical custody (who the child lives with/ custodial parent), visitation schedules, and decision-making responsibilities. Factors considered while drafting a plan include the child’s age, the parents’ work schedules, the child’s school, and extracurricular activities, and, importantly, the child’s own wishes if they are of an age to express them.

If parents cannot agree on a plan, the matter may go to court, where a judge will decide based on the child’s best interests. This is where our child custody lawyers become invaluable, advocating for a parent’s rights while prioritizing the child’s needs. If you or a loved one are embarking on a child custody case, contact Liberty Law Center at 719-602-7381 to get started on your child custody proceeding!