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Child Custody

Child Custody Lawyers in Colorado Springs

 

 

Child custody is often a major legal and emotional battle for divorcing parents, separating parents, or biological fathers engaged in a paternity case to legally become part of their child’s life. While “custody” is what this issue is commonly called by the public, the state of Colorado no longer refers to it as such. In the interests of bringing a more humane look at where a child will live and who will have legal authority over making major life decisions, the courts term these concepts as “parental responsibility” and “parenting time.”

If you and the other parent cannot agree on how these issues will be determined outside of court, it will be left up to a family court judge to decide. The judge will base their decision on the child(ren)’s best interests. At Clawson & Clawson, LLP, our attorneys bring vast experience, including significant trial experience, to this matter. We can help you negotiate and craft a comprehensive parenting plan that is designed to be fair and will consider the court’s requirement for putting children first.

When you work with us, we take the time to understand your family’s history, your goals, and your concerns about your child’s future so we can present a clear picture to the court. We draw on our many years of practice in the domestic relations courts serving El Paso County and surrounding areas to explain how judges in Colorado typically evaluate parental responsibility and parenting time. This lets you make informed choices about settlement proposals, proposed schedules, and whether certain issues should be presented to the judge for a decision with the help of a child custody attorney in Colorado Springs parents can rely on for thorough preparation.

Connect with our team online or at (719) 602-5888 to schedule a consultation about your case.

Child Custody Laws in Colorado

Title 14 of the Colorado Revised Statutes explains all laws regarding the dissolution of marriages, including child custody laws.

In practical terms, Colorado’s child-related statutes guide everything from how parenting time schedules are structured to how decision-making authority is allocated between parents. These laws are applied in the Colorado Springs area by judges sitting in the domestic relations division of the El Paso County District Court, and understanding how local courts interpret the statutes can be just as important as knowing what the statutes say. Our team can walk you through how these rules may apply in your situation, including how the law treats never-married parents, relocation requests, and past agreements so that you know what to expect when you appear in a Colorado courtroom with a child custody lawyer Colorado Springs families trust for clear guidance.

In the state of Colorado, these are the types of custody that are available:

Working With Our Colorado Springs Custody Team

Choosing the right legal team is a critical step when your relationship with your children is on the line. From the first consultation, we focus on listening carefully to your concerns, gathering the history of your case, and identifying any urgent issues such as safety, temporary parenting time, or support. We then explain how the process works in the local courts, including filing requirements, mediation, and what happens if your case ultimately goes before a judge. This step-by-step guidance can help reduce uncertainty so you can concentrate on your children rather than trying to decode court procedures on your own.

Throughout your case, we emphasize preparation and communication. We work with you to collect documents, messages, school and medical records, and other information the court may need, and we help you present that information in a clear, organized way. We also prepare you for mediation or hearings in the El Paso County District Court so that you know what questions may be asked and how to stay focused on your child’s best interests. By collaborating closely with a custody attorney Colorado Springs parents can work with at every stage, you remain an active participant in the decisions that shape your parenting plan.

When you hire us, you can expect::

  • Personalized strategy that takes into account your goals, your child’s needs, and the specific judge and court involved
  • Clear communication about timelines, next steps, and what different legal options may mean for your family
  • Practical problem-solving aimed at reaching child-focused agreements when possible and presenting strong arguments to the court when necessary

Factors That Determine Custody Plans

The general goal in custody planning is to arrive at an arrangement that makes it possible for the children to spend as much time as possible with both parents, provided that this would not pose a risk of emotional or physical danger to the child(ren).

Factors that the court will consider when determining custody plans include:

  • Each parent's wishes
  • The wishes of the children, provided that they are mature enough to make an informed decision on the matter
  • Each parent's existing relationship with the children, as well as how much of a role they play in the children's lives
  • The degree to which each parent is willing to foster a quality relationship between the children and the other parent
  • Whether either parent has a history of domestic violence or child abuse

Parenting plans should detail responsibilities regarding education, healthcare, religious upbringing, and other vital areas of a child’s life, as well as a schedule of when and how the child will reside with either parent. This schedule may be as close to 50-50 as possible or may designate one parent with more time than the other due to school, daycare, proximity, or work schedule considerations.

Other important provisions can include how to handle emergencies, special occasions, vacations, and more; how the transportation of children between households will be arranged; how children will communicate with parents when residing at the other parent’s home; and how parents can resolve disagreements that may arise.

As we help you think through these details, we also consider the practical realities of life in and around Colorado Springs, such as school locations, work commutes along major roads like I-25, and the proximity of each parent’s home to the child’s activities. By addressing these issues in advance, we work to reduce the chances of future disputes and to create a parenting plan the court is likely to view as workable and child-focused. When questions arise about what a judge may accept, you can talk them through with a custody attorney Colorado Springs parents turn to for realistic, grounded advice.

At What Age Can a Child Decide Which Parent to Live With?

No age for when a judge must listen to a child's wishes has been established. When it comes to deciding custody, children's wishes are considered if they are mature enough to have an independent opinion.

In many cases, a child’s preferences are communicated to the court indirectly, such as through a Child and Family Investigator or other neutral professional, rather than by having the child testify in open court. Judges in Colorado are careful to avoid placing children in the middle of their parents’ disputes, and the weight given to a child’s wishes will depend on factors like maturity, consistency of the stated preference, and whether the child appears to be influenced by one parent. Our role is to explain these processes to you, prepare you for how the court in El Paso County may gather this information, and help you decide whether and how to raise your child’s preferences with a custody lawyer Colorado Springs families can consult about these sensitive issues.

Additional Issues Regarding Custody

After initial custody arrangements have been formally issued, you may need to enforce or modify the existing court order. An example of a need for a modification is when a parent wishes to relocate with shared children. As a parent, you would have to seek or contest such a relocation through the court.

If your co-parent violates any of the terms of your parenting plan, including decision-making or the arranged schedule of overnight visits, you may also seek to have the current order enforced through the court. At Clawson & Clawson, LLP, we can provide the representation you need in these matters as well.

Post-decree issues can be just as stressful as the original case, especially if a move would take a child farther from school, extended family, or long-established routines in the Colorado Springs community. Relocation cases require the court to look at a new set of factors, including the reasons for the move and the impact on the child’s relationship with each parent, and enforcement actions can involve remedies ranging from make-up parenting time to more serious sanctions. We can review the history of your case, evaluate whether there has been a substantial and continuing change in circumstances, and guide you through filing or responding to motions with the help of a child custody lawyer Colorado Springs parents can work with over the long term as their children grow.

For experienced legal assistance with parental responsibility and parenting plans, talk to one of our experienced attorneys by contacting us online or calling (719) 602-5888.

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At Clawson & Clawson, LLP, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

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