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Child Custody
In Colorado, there is no longer such a thing as “custody.” What used to be called child custody is now called “parental responsibility.” What used to be called “visitation” is now called “parenting time.” Parental Responsibility Parental responsibility essentially means decision-making regarding the child. If parents have joint parental responsibility of a child, they will share decision-making responsibility for that child’s health, education, religion and general welfare. If the parents cannot agree on how to allocate parental responsibility, the court will make the decision based on the best interest of the child and take into consideration: a. The ability of the parents to cooperate and make decisions jointly; b. Whether the past pattern of involvement of the parents with the child reflects a system of values, time commitment and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child; c. Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parents; d. Whether one parent has been a perpetrator of child abuse or neglect under the law of any state; e. Whether one of the parents has been a perpetrator of spouse abuse. Parenting Time Parenting time refers to the actual time the child is in the care and control of each parent. Parents typically want to know with whom the child will live the majority of the time. The parents can equally share parenting time of the child or one parent’s home can be the primary legal residence of the child while the other parent has a certain amount of parenting time. If parents cannot decide on parenting time, the court will make the decision based on the best interest of the child, and take into account the following factors: a. The wishes of the child's parents as to parenting time; b. The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule; c. The interaction and interrelationship of the child with his parents, his siblings, and any other person who may significantly affect the child's best interests; d. The child's adjustment to his home, school, and community; e. The mental and physical health of all individuals involved; f. The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent; g. Whether the past pattern of involvement of the parents with the child reflects a system of values, time commitment, and mutual support; h. The physical proximity of the parents to each other as this relates to the practical considerations of parenting time; i. Whether one of the parents has been a perpetrator of child abuse or neglect under the law of any state; j. Whether one of the parents has been a perpetrator of spouse abuse. In the past, courts typically saw the best interests of the child as living primarily with the mother. However, there is shift in thinking taking place in the Colorado courts. More and more, the courts are realizing that, in general, it is in the child’s best interest to have both parents in his or her life as much as possible.
Courts are more willing to consider fathers as the primary residential parent or at least award them liberal parenting time. What is a
Child and Family Investigator? A
CFI can be a licensed mental health professional or an attorney who becomes “the eyes of the court” when a parenting time dispute needs resolution. The
CFI becomes involved in a case to perform an evaluation of the situation. During the evaluation, which can last several months, the
CFI can interview the parents, the child, the people in the child’s “network” and will observe the child’s interactions with each parent. The
CFI will prepare a written report concerning the disputed issues and the CFI’s recommendations regarding parental responsibility and parenting time. The
CFI will submit the report to the parents and the court. Oftentimes, the court will follow the
CFI’s recommendations. The parent requesting the
CFI will usually pay the CFI’s initial fee, but may ask the court to apportion the cost at a later date. If the court orders the parents to hire a
CFI, usually the court orders the cost of the CFI evenly split between the parents. A
CFI’s fees can range from $1,500 to $8,000 or higher. What is a Parenting Time Evaluator? A Parenting Time Evaluator is similar to a
CFI, but is almost always a licensed mental health professional. The Parenting Time Evaluator also conducts an investigation of the situation, but also will typically do psychological testing on the parents. The Evaluator will prepare a report of his or her findings regarding allocation of parental responsibility and parenting time and submit the report to the parents and the court. The parent requesting the Parenting Time Evaluator will usually pay the initial fee, but may ask the court to apportion the cost at a later date. The cost of a Parenting Time Evaluator can range from $1,500 to $8,000 or higher. What is a Guardian ad Litem? A Guardian ad Litem (GAL) is typically an attorney who is appointed by the court to represent the child’s best interests and act on his or her behalf in litigation. The GAL becomes an attorney of record in the case just like the parents’ attorneys. Once appointed, the GAL is authorized to completely investigate all matters pertaining to the welfare of the child and will prepare a report for the court regarding his or her findings and recommendations on the allocation of parental responsibilities and parenting time. If the parents are indigent, the state will pay the GAL’s fees. Otherwise, the parents pay the GAL’s fees. A GAL is generally only appointed in juvenile court proceedings, of if the child has a property or other legal interest that the court feels the parents cannot adequately protect. What is a Special Master? Under Colorado statute, if a hearing date has not been fixed by the court within 90 days from the date the case is at issue, upon agreement of both parents, the parents may elect to have their matter heard by a Special Master, appointed by the court. When the hearing is held before a Special Master, the parents shall pay the cost of the hearing, as allocated fairly among the parents by the Special Master. The Special Master will have all the powers of a judge. The reason parents may choose to pay a Special Master to resolve their case rather than having a judge do it for “free” is because the court system can be extremely overloaded and slow. Court dates can get continued multiple times and parents can spend a great deal of money on attorneys’ fees between the time their parenting time issue arises and their final court date. Using a Special Master is much quicker and, arguably, less expensive. Some Special Masters work on a pro bono basis if the parents qualify financially, but typically a Special Master may charge anywhere from $150 to $400 per hour. What is a Parenting Coordinator? A Parenting Coordinator will usually become involved after parental responsibilities and parenting time have been decided either by the parents or by the court. The Parenting Coordinator will work with parents who have trouble dealing directly with one another, or simply cannot agree on basic parenting issues. The Parenting Coordinator, who may or may not be a mental health professional, becomes a “buffer” between the parents on parenting issues. Either the parties can agree to use a Parenting Coordinator or the court can order the parents to use one. The parents will usually divide the cost proportionate to their incomes. A Parenting Coordinator may cost $90 to $200 per hour. Modifying parenting time Parents can agree to modify parenting time. However, if one parent wants to modify parenting time and the other parent does not, the parent wishing to modify parenting time can file a motion to modify with the court. The court can modify an existing parenting time order whenever such modification would serve the child’s best interest. | 
