If you’re in the middle of a child custody dispute, you’re probably lying awake at night wondering about the future. Will you still be tucking your children into bed at night this time next week? Helping them with their math homework? The thought of becoming a “weekend parent” who misses school plays, birthday parties, and those everyday conversations that happen over dinner feels unbearable.
The fear that you’ll say the wrong thing in court or miss some important legal requirement keeps many parents up at night. At Colorado Lawyer Team, we support divorced and separated parents who worry about custody issues stealing their most precious moments with their children. Our Greenwood Village child custody lawyers understand such concerns because we see them every day. Let us present your case so Arapahoe County judges see what really matters: your love for your child and your commitment to being a good parent.
Why Hire Our Greenwood Village Child Custody Lawyers?
The family law attorneys at Colorado Lawyer Team understand that child custody matters can be emotional and difficult, which is why we go the extra mile to protect your rights as a parent. We don’t treat your custody case like just another file number, we treat it like what it is: your family’s future.
- We Know What You’re Up Against: We’ve seen what happens when parents go it alone: our experienced attorneys handle custody battles, divorce proceedings, mediation, and post-decree modifications, and we’ve watched too many good parents lose time with their children because they didn’t know how to present their case properly. We help you avoid mistakes and situations that could affect your parenting time (formerly known as child custody).
- We Build as Strong a Case as Possible: At our family law office, we take a thorough approach to family cases. This can include gathering school records that show your involvement, interviewing teachers who can testify about your relationship with your child, talking with therapists and medical providers, and building a case that proves you’re the parent your child needs.
- We Respond Fast to Emergencies: In custody cases, we know how to get emergency hearings when your ex violates parenting time orders or if there is a safety risk to your child. We can also get the legal process started quickly if the other parent tries to move your child out of state without permission.
- We Provide Holistic Representation: Your child custody case might involve legal challenges like support modifications, domestic violence charges, or spousal maintenance and property division disputes from your divorce. Our family law attorneys handle all of it as a team, so you’re not juggling multiple attorneys who don’t talk to each other. Bonus: if criminal charges are pending, we can also help with that in-house!
- We’re Smaller and We Care: We’re a smaller firm that actually knows your name. Bigger family law firms shuffle your case between different Colorado attorneys and paralegals, but as a smaller firm, we focus on each individual client. You’ll have our direct scheduling links if you require legal guidance, we’ll remember your children’s names and ages, and we’ll be there when you need us.
We work tirelessly to help you through what is usually one of the hardest periods of your life. Whether that means negotiating a settlement that gives you equal parenting time or taking your case to trial to prove you deserve primary custody, we’ll fight as hard for your family as we would for our own.
The Best Interests of the Child Standard in Colorado
Perhaps you’re wondering if that parenting agreement you and your ex worked out over coffee will actually hold up. Maybe you agreed that the kids would spend weekdays with you and weekends with them, or that you’d both have a say in choosing their school. But here’s what many parents don’t realize: even if you both signed that agreement, Colorado courts won’t enforce it unless a judge has reviewed and approved it first.
The reason? Colorado judges need to make sure your parenting plan actually works for your children. They’ve seen too many well-intentioned agreements fall apart when parents realize they didn’t think through things like holiday schedules, what happens when someone wants to move, or how decisions get made when you can’t agree. Getting court approval is your only protection against future disputes that could leave your children caught in the middle. We’re all for working things out outside of court, but formalize that agreement ASAP! We can help protect you and your kids at every stage, if you need it.
According to Colorado Revised Statutes §14-10-124, a family court may consider a number of factors when determining or approving allocation of parental responsibilities:
- The wishes of the parents.
- The wishes of the child, if mature enough to express reasoned preferences.
- The child’s relationships with parents, siblings, and other important people.
- The child’s adjustment to home, school, and community.
- The mental and physical health of all parties (a disability alone cannot be grounds to restrict parenting time).
- The ability of each parent to encourage love, affection, and contact with the other parent, but protective actions taken to shield a child from abuse or domestic violence cannot be held against that parent.
- Past involvement of the parents in the child’s life which reflects values, time commitment, and support.
- Physical proximity of the parents’ residences, as it relates to parenting time.
HB 24-1350 requires family law courts to go further in cases involving child abuse allegations or domestic violence:
- Evaluate expert testimony and evidence, including evidence of coercive conduct and controlling behavior (i.e. “coercive control”.
- Give strong consideration to a child’s preferences if they ensure safety and well-being.
- Work with investigators and CFI evaluators who have complete specialized training on domestic violence and child abuse.
Protective actions by a parent (such as limiting contact with an abusive party) can’t be used against them when evaluating their willingness to foster a child’s relationship with the other parent.
Sole Versus Joint Custody Arrangements
You might think joint custody means your kids split their time equally between both homes, but that’s an oversimplification. Joint custody in Colorado refers to shared decision-making about your children’s lives: things like which school they’ll attend, what doctor they’ll see, and how you’ll handle their religious upbringing. Even with joint physical custody, your children might still live primarily with one parent and visit the other on weekends.
Sole custody means one parent makes all the major decisions about the children’s education, healthcare, and religious activities without needing to consult the other parent. This doesn’t automatically mean the non-custodial parent loses all parenting time – they can still have regular visits, overnight stays, and phone calls with their kids. Colorado judges typically award sole custody when:
- Parents can’t communicate without fighting (usually requires repeated, documented attempts and violent outbursts or threatening behavior; gaslighting won’t qualify);
- One parent has substance abuse issues, or;
- There’s a history of domestic violence that makes joint decision-making unsafe for the children.
Here’s what catches many parents off guard: even if you have joint custody, disagreements about your child’s schooling or medical care can land you back in court. If you and your ex can’t agree on whether your daughter should play competitive soccer or your son needs therapy, a judge will have to make that decision for you. That’s why it’s so important to work with a Colorado family law firm that can prepare you to address any disputes in your custody arrangement.
Frequently Asked Questions About Child Custody in Greenwood Village
Q: How Long Does a Child Custody Case Take in Colorado?
Uncontested custody cases, where both parents agree on parenting time and decision-making, typically resolve faster than contested cases that require court hearings and trials. Some counties in Colorado still have a backlog of cases on the docket from COVID. Some permanent orders hearings are set months, if not years after the case is first opened. Keep in mind:
- Cases requiring custody evaluations take longer because evaluators need time to interview both parents, observe interactions with the children, and write their reports.
- If your custody matter involves domestic violence allegations, additional time may be needed for protective order hearings and supervised visitation arrangements.
Contested cases that go to trial take the longest because court scheduling depends on judge availability and the nature of the issues needing resolution. Your Colorado family law attorney can give you a more realistic timeline based on your situation.
Colorado law requires temporary orders to be addressed promptly when children’s living arrangements are in dispute, but these initial orders only establish basic parenting time until the final hearing determines permanent arrangements. Temporary orders such as this can be hotly contested, but likely won’t resolve all issues in a divorce and can always be relitigated at permanent orders–thereby doubling legal fees (especially for hourly cases).
Q: Can My Ex-Spouse Move Out of State With Our Children?
Your ex-spouse cannot relocate with the children in a way that substantially changes their geographic ties to you without either your written permission or a court order under Colorado Revised Statutes § 14-10-129. The relocating parent must give you at least 60 days’ written notice before the planned move, and you then have 30 days from receiving that notice to file an objection in court.
When deciding requests involving the relocation of a parent, judges must consider a range of factors, including:
- The reasons for the proposed move.
- The reasons for any objection to the move.
- The quality of life for the children in the current location and the proposed new location.
- The impact of the move on the children’s relationship with each parent.
- The feasibility of preserving relationships through appropriate parenting time and travel.
- The child’s preference, if mature enough to express a reasoned opinion.
- The presence of extended family and support networks in each location.
- The advantages of maintaining continuity with the current primary caregiver.
- The anticipated impact of the move on the children’s overall well-being.
- Any other factors relevant to the child’s best interests.
If a parent relocates without permission or a court order, they risk being found in contempt of court. Judges may order the children returned immediately and can also modify custody arrangements to protect the children’s stability.
Q: What Happens if My Ex Violates Our Parenting Time Order?
Colorado courts take these violations seriously because they disrupt a child’s routine and interfere with the parent-child relationship. If your ex-spouse violates a parenting time order, you can file a motion to enforce the order under C.R.S. § 14-10-129.5. Courts can order makeup parenting time, impose fines of up to $100 per incident, modify the parenting schedule, or, in serious or repeated cases, issue contempt sanctions that may include jail time. The fines and contempt outcomes are rare.
Note that judges expect clear documentation of violations, so it’s important to keep written records of dates, times, missed visits, and any communications. Police may intervene when a parent refuses to return a child at the scheduled time, but they generally cannot force a parent to exercise their parenting time if they choose not to show up. Law Enforcement will simply tell you that it’s a “civil issue” between parents and absent a court order they cannot interfere.
Q: Can My Teenager Choose Which Parent to Live With?
Colorado law does not set a specific age at which a child can decide which parent they will live with. Courts may consider a child’s expressed preference, but only if they are mature enough to voice a truly independent and reasoned choice. Judges typically interview children privately (in chambers or through reports) to protect them from undue influence and courtroom stress.
When evaluating a child’s preference, courts focus on whether the preference is logical, mature, and free from coercion or manipulation by a parent. The preference, which must align with the child’s best interests, is weighed alongside other critical factors such as the child’s adjustment to home, school, and community; the relationships each parent has maintained; and each parent’s ability to meet the child’s needs.
In short, a child’s stated preference is not enough on its own to modify a custody order. To change an existing arrangement, a party must show a substantial change in circumstances that supports an adjustment of parental responsibilities. A family law attorney can help you pursue such a modification if the situation warrants it.
Consult a Greenwood Village Child Custody Lawyer for Legal Advice
Child custody following a divorce or legal separation is often a hotly contested issue, and even if both parents agree on a preferred custody/parenting time arrangement, these matters have to be confirmed in a court order. If you want to achieve a positive resolution, especially if there are issues such as substance abuse, domestic violence, or child abuse, you should speak to a Greenwood Village child custody lawyer.
At Colorado Lawyer Team, we’re here to listen and support you and your family. We know what you’re going through and will use our experience and resources to fight for the best results. For more information about our legal services or to schedule an initial consultation with a Colorado family lawyer, call us or fill out our online form today.