Many times, you can obtain full custody only if you prove that your spouse, the parent of the child, is physically or mentally unfit. In cases like these, it is best to hire a lawyer. The child custody lawyers at Divorce Matters are quite popular and have a long list of cases that they have successfully handled in the past.
During the divorce process, you will need to have a petition filed in regard to custody of children. The court will then consider the petition and the judge's decision will be in the best interest of the child.
Factors Relevant to Allocation of Child Custody
Development and Emotional Needs
When considering development and emotional needs, a court will evaluate the relationships between each parent and child, and their involvement in past child care.
The judge will take into account the time spent by parents with their children, and whether emotional support was offered whenever needed.
Courts favour arrangements that reduce disruption to the school, maintain stability at home, support relationships with those who are close to the child, and community activities.
Health and Safety of the Child
Besides the frequency of a child's contact with both parents, the courts also take into account their physical safety and well-being. The judge's decision can be affected by any evidence of child abuse, domestic violence or child neglect.
Mediation and Parenting Classes
The Colorado courts require divorcing parents to frequently attend parenting classes, in order to understand the impact of separation on children as well as both parents.
If parents are finding it difficult to keep their parenting arrangements, then they can attend child custody mediation sessions. This process is designed keeping in mind the trauma that a child will go through due to divorce.
Custody Options
There are two custody options, legal and physical. Legal custody is when a parent has the authority to make decisions concerning the child's welfare, such as education and health.
On the other hand, physical custody includes the presence of a parent with the child. The court of law decides who gets which custody.
Furthermore, this decision depends on the parent's ability to cooperate and jointly make decisions. They also consider whether both adults can work together to provide nourishing and positive relationships with their children.
Seeking Full Parental Responsibility
To optimize your likelihood of obtaining full custody in Colorado, you need to do the following:
- File for Custody, you can either hire a child custody lawyer or do it on your own if you are well aware of the legal procedures.
- File for a parenting plan. This is a mandatory document needed for the allocation of custody.
- Attend parenting classes or mediation sessions.
- Promote your child's best interest by meeting all the Colorado statutes.
- Attend custody trials without fail.
In order to maximize your chances of getting full parental responsibility, it is always better to hire a good lawyer, who knows how to go about it. Make sure that you choose wisely.