Hearing the word “visitation” while going through a family matter can be devastating. As a parent who wants what is best for their child and wants to be involved in the process as much as possible, we don’t want to hear our efforts and commitment to our children are referred to as “visitations”. It’s important to understand what visitation means, to have visitation means to have the right to visit with your child after a divorce or separation. However, that does not indicate anything about parental responsibilities or decision-making for the child.  In family law, the term “visitation” has been changed to “parenting time” and “allocation of parental responsibilities”.

Here are a few terms you should know…

Parenting time: Parenting time is the time a child spends with their parents, parenting time can be split up fairly amongst both parents which are considered joint custody. Joint custody is not always 50/50.

Decision making: Decision making is the responsibility of the parent to make decisions for health, religion, or educational purposes that are in the best interest of the child.

Step-Parent visitation: Being a step-parent going through a divorce can be heartbreaking for both the child and the step-parent, especially if the step-parent acted as the child’s parent for a long period of time. A step-parent can request visitation with their stepchild after divorce under certain requirements.

Supervised visitation: A supervised visitation is when you visit your child under the supervision of another adult, usually this type of setting takes place when there is high conflict to ensure the safety of the child.

What are your rights as a father? It’s common for fathers to show concern about what rights they have as a parent during a family case, some fathers feel like the Colorado Springs family court favors the mother in most custody cases. In Colorado, both the mother and the father have the same parental rights to their child. Although the family court does care about the parents, their main priority is the best interest of the child, which is what determines the allocation of parental responsibilities.

For example, if the father’s home is closest to the school but the son has weekdays at his mother’s house, and he is always late or absent then the father can request weekdays with him instead because it will be in the best interest of the child. It’s very important to understand that a father does have the right to parent and make decisions just as much as the mother does. Our attorneys at Modern Family law know how important it is for a father to be involved in their child’s day-to-day life and they work diligently to help fathers practice their rights and be committed parents.

What are your rights as a mother? In Colorado, both the mother and father have equal rights to parental responsibility and decision-making of their child. This doesn’t exactly mean that all joint parenting time and decision-making will be 50/50 but it will be determined in the best interest of the child. There are several factors the court uses, such as the child’s living arrangement with either parent, whether one of the parents has a report of child abuse or neglect, the well-being of the child while with the parent, any physical or mental health issues that would prevent the parent from taking care of the child.

Do grandparents have rights to their grandchildren? There are a few exceptions where a grandparent can step in and request parenting rights to their grandchildren. The grandparent must file a motion for parenting time just as either of the parents would and give an eligible reason as to why they should get parenting time with the child. Grandparents must meet certain criteria to be eligible to file and be granted a parenting or guardianship order from the court. For example:

• When the parents of the grandchild have gone through a divorce or separation and there is a decree entered in the court.
• When the legal custody of the child has been given to a person other than their parent, or the child has been placed in foster care and does not reside in the parents’ home, this does not include a child who has been placed for adoption or is already legally adopted.
• When the grandchild’s parent, who is the child of the grandparent, has passed away.

Do you feel like your ex is conspiring your child against you after the divorce? Have you noticed your child becoming more distant and refusing to talk to you or spend time with you? You may be experiencing parental alienation. Having a parent make negative comments or false statements about you to your child is toxic to your child and is considered a form of abuse.

The court certainly recognizes the influence of parents on their children and finds that parental alienation is very much an issue in some cases and it’s not in the best interest of the child. Children should not be put in the middle of their parent’s problems and adult situations. Do not allow your child to be the messenger between you and the other parent, especially when there are conflicting issues.

All children need an advocate for them that is not a parent or legal guardian. The children need a voice that will protect them and guide them through their life with the resources they need to be safe and healthy. El Paso County has several services that help protect children. If you feel your child may be in danger or needs help, you can contact El Paso DHS (Department of Human Services) or CPS (Child Protective Services) to file a report.

There are certain measures that can take place to ensure your child is safe. If you have a custody order with the court already, you can file an Emergency Motion to Restrict Parenting Time. You can also file a temporary or permanent protection order for your child. Our attorneys are experienced in CPS cases. They can go over the next steps with you and help you understand the legal side of keeping your child safe.

An early neutral assessment is a method that both parents can use to try to settle conflicts or disputes without going through a court hearing. An early assessment is a lot like going through mediation during a divorce, you will have a non-bias professional assisting with your case to help determine your plan for the allocation of parental responsibilities. Some parties find an early assessment is a better route than going through a court hearing because they don’t want a judge or magistrate deciding their parenting plan and they genuinely want to try to resolve the issues on their own.

Studies show that parents who are able to come up with a parenting plan in an early assessment are more likely to resolve issues on their own in the future. An early assessment meeting is scheduled for 4 hours at the courthouse. Both parties will have their attorneys with them if they are represented and there will be a mental health professional present as well to help guide you. Then the two parties will address their concerns regarding parenting time, decision-making, and any other custody issues. An early Assessment meeting does not address any financial issues.

If the parents can come up with a plan that both parties agree with they go to the courtroom with a judge and put the full parenting plan on record. Since the Early Assessments have been introduced in Colorado they have been very successful. The parents are satisfied with the outcomes of their plan because they worked together to make it the best fit for their child and they still received professional guidance from a non-bias mental health expert who helps keep the conflict low and focuses on the child’s needs.

In Colorado, paternity refers to the legal relationship between a father and a child. Paternity establishes the legal rights and responsibilities of the father, such as child support, visitation, and legal decision-making authority. Paternity can be established in several ways in Colorado, including:

1. Acknowledgment of Paternity: This is when both parents sign an acknowledgment of paternity form, which is usually done at the hospital at the time of the birth of the child. This form is then filed with the state vital records office.

2. Order of Paternity: This is when a court issues an order of paternity after a paternity action is brought before the court by one of the parents, or by the child through a legal guardian or parent. The court will order genetic testing to determine the biological father.

3. Presumption of Paternity: This occurs when a man is married to the mother of the child at the time of the child’s birth or conception, he is listed on the birth certificate, or he has held himself out as the father of the child. This creates a legal presumption that he is the father, but it can be rebutted with clear and convincing evidence

Once paternity is established, the father will have legal rights and responsibilities in relation to the child, such as the right to visit the child, the right to make decisions about the child’s welfare and education, and the obligation to financially support the child. Additionally, the child will have the right to know his or her father and to receive emotional and financial support from both parents.

Child relocation refers to the process of one parent moving a significant distance away from the other parent with the child or children. This can occur for a variety of reasons, such as a job opportunity or a change in living situation.

When a parent wishes to relocate with a child, they must provide notice to the other parent and the court. The other parent has the right to object to the relocation, and if they do, the court will hold a hearing to determine if the move is in the best interests of the child. The court will consider factors such as the child’s relationship with each parent, the child’s current and future needs, and the potential impact on the child’s education and extracurricular activities.

If the court determines that the relocation is not in the best interests of the child, it may deny the request. However, if the court finds that the relocation would be beneficial for the child, it may approve the move and modify the existing custody and parenting time orders as necessary.

Child custody modification refers to the process of changing the terms of a previous child custody order. This can include changes to parenting time (where the child lives) or decision-making (who makes decisions on behalf of the child).

To request a modification, a parent must file a motion with the court and provide evidence of a significant change in circumstances that affects the child’s welfare. The court will then consider the best interests of the child in determining whether to grant the modification request.

Both parents have the right to request a child custody modification, but the court will only grant the request if it determines that the proposed modification is in the best interests of the child. Factors considered by the court include the child’s relationship with each parent, the child’s adjustment to home, school, and community, and any history of abuse or neglect.

Child custody arrangements in Colorado determine the legal responsibility and physical care of minor children. The state follows a “best interests of the child” standard in making custody decisions. This means that the court will consider various factors, such as the child’s relationship with each parent and any history of abuse or neglect, to determine the arrangement that will provide the most stability and security for the child.