Parental Responsibility (fka Child Custody) and Parenting Time
Often the most painful and most passionate issue in any divorce, paternity case or other family break-up is the issue of how to handle the children. Who they will live with, who will be responsible for child-rearing decisions and how often and under what circumstances “parenting time” will be exercised are always serious considerations.
How We Can Help
Kurtz & Peckham, PC strongly believes that the best interests of the children should be of paramount importance in the dissolution of any relationship involving children. Recent studies have shown that being in the middle of continuing conflict between their parents or care-takers is an extremely stressful situation for children. This appears to be true whether their parents (or other adults) stay together or not.
We are committed to helping our clients craft solutions that are in their children’s best interests, while meeting our client’s wishes in this regard. We utilize whatever means is most appropriate to facilitate a smooth, compassionate and efficient transition from one family unit to two. This may include the appointment of a special advocate, a parenting coordinator, the use of mediation and or collaborative law, and family or individual counseling when appropriate.
Commonly Used Experts
Child Family Investigator – A child family investigator is an expert appointed by the Court (and/or agreed to by the parties) whose sole job is to ascertain the best interests of the children. They may visit all residences, interview both parents, the children and anyone else they find helpful. They may also have the parties take psychological tests. They make a written recommendation to the Court concerning parental responsibility and parenting time. Most courts follow these recommendations.
- Parenting Coordinator – A Parenting Coordinator is again an expert (usually) picked by the parties or the court to facilitate issues surrounding parenting time, generally after the initial determination as to parental responsibilities has been made.
- Mediation – Mediation is where the parties (and their attorneys, usually) hire a 3rd party neutral, trained in mediation to meet with them and facilitate a process in which they can craft their own agreement without going to court.
- Collaborative Law – Collaborative Law is a shift from the traditional adversarial approach to conflict resolution.The collaborative process (the hallmark of which is agreeing not to go to court, but to work to resolution) best supports those who would like to protect children from the harm of adversarial legal action and who would like to maintain relationships. It is not for everyone. For more information on Collaborative Law divorces, click here.
- Family Counseling – Family counseling or counseling for one or both adults and or the children may be an option if anyone is in need of professional emotional, mental or spiritual support during what can be an extremely trying time.
What Factors Affect Parenting Time?
The courts, the family research and modern culture have an evolving view of what “best interests of the children” means. The trend is to try and allocate as much parenting time to each parent as is feasible should they desire it. Colorado courts consider the following in efforts to determine best interests:
- The “interaction” between the parents and the child
- The ability of each parent to put the children’s needs ahead of their own
- The child’s adjustment to his home, school and community
- The wishes of the parents
- The wishes of the child
- Whether the past relationship between the parents and their children demonstrates common values, dedication and mutual support
- The mental health of all parties
- The parents’ ability to encourage a loving relationship between their children and the other parent
- How close the parties live to one another
- Whether either party has ever committed child or spousal abuse or child neglect
The age of the children is a key factor in the determination of parenting time. Most experts suggest that parenting time with the non-residential parent should increase slowly if the children are very young. This might not be such an issue if the children are older. If the children are very young, initially the parenting time would likely involve short visits on a regular basis, then gradually move up to longer visits, over nights and then multiple overnights where appropriate. The parenting time that results depends in large measure on the personalities of the parents, the distance between their residences, the child’s activities and how well if at all, the parents (or adults) are able to work with one another on behalf of their children. In some instances the traditional “children with mother and every other weekend with father” will be appropriate. In others, spending 50% with each parent can work. In still other instances the father will have the children the majority of the time and the mother will have weekend parenting time. It is all determined on an individual basis always keeping in mind the best interests of the children.
Tools for High Conflict Cases
Kurtz & Peckham, PC believes if at all possible, it is best for the children and the parents if they can agree on a parenting time schedule either by collaboration, negotiation, mediation or agreement to follow the recommendations of a parenting coordinator, as they (the parents) are far more familiar with their children and family than a Judge can ever be. However, in those high conflict cases, or cases involving abuse of either a spouse, partner or the children, it may be necessary for the court to make the final decision. In that case we will vigorously advocate for our client’s rights and preferences.
Relocation Outside of Colorado
The parent who wishes to leave the state with the children no longer has a presumption in their favor. The court must consider a number of factors before deciding whether it would be in the child’s best interest to be relocated. Two of the factors the court must consider are (1) the expected impact of the move on the child and, (2) the ability of the court to craft a reasonable parenting time schedule (with the non-moving parent) if the move is allowed.
For more information on this or any other child related issues, please feel free to call Kurtz & Peckham, PC at (303) 893-3045 or email our office at for a complimentary one half hour initial consultation with an experienced attorney.