Boulder Child Custody Attorney

No one wants to consider that they may not be able to raise their kids full-time, but that is the reality that many parents face when they make the tough decision to separate or divorce. Our Boulder child custody lawyers at Danielsen Westhoff are committed to helping you through the situation, protecting your parental rights, and ensuring that your child’s best interests are centered in any custody agreement

You can trust that all of our Boulder family law attorneys will treat you and your case with the compassion and respect it deserves. Contact us today to schedule a free 15-minute consultation.

Your Parental Rights and Responsibilities in a Boulder Child Custody Case

Basic parental rights in Colorado allow a child’s legal parents the right to physical parenting time with the child and the right to make key decisions in the child’s upbringing. These most often include:

  • Educational
  • Religious/spiritual
  • Medical
  • Residential

However, these rights also come with the obligation to provide for your child. You should always consider the child’s best interests, and in a custody agreement or separation, this may also include an obligation to pay child support.

Common Forms of Child Custody Arrangements

Generally speaking, research shows that a child has the best long-term outcomes when they can maintain a relationship with both parents. Therefore, Colorado courts often try to ensure that both parents receive parenting time in a way that best suits the child, and this can look a few ways

Relevant Factors in Your Child Custody Case

Among some of the most frequently asked questions about child custody is ‘how is custody determined?’ While the basics are pretty simple, given that it is always determined based on the best interest of the child, this is decided based on several things.

Established Parental Relationship

While it is important to maintain a relationship with both parents whenever it is safe and beneficial to do so, this does not always mean a 50/50 split. For example, if there is a clear primary parent who handled day-to-day care while the other parent focused on other things, it is likely in the child’s best interest to stay primarily with the primary parent.

However, this does not mean they should be deprived of a satisfying relationship with the other parent, or that the other parent does not deserve the chance to step up. It just may need to happen slowly.

Parenting Capacity

The courts will often consider a parent’s capacity when determining custody arrangements. Considerations around parenting capacity may include the parent’s ability to provide age-appropriate care. Are they putting the child in the middle of their problems, or are they making efforts to let them just be a child? Do they know what is appropriate for their child? Are they able to provide a safe environment for the child?

While the parents’ ability to provide a safe and stable environment for the child is a key consideration, a parent should not be penalized because of financial hardship unless it poses a safety concern.

Physical and Mental Health

Disability or health struggles do not necessarily mean you cannot be an effective parent. However, it may be relevant to consider the ability of a parent with cancer to adequately care for a toddler. Similarly, a parent who is in active stages of addiction may be unable to make safe decisions, while a recovering parent may just need to show a plan for handling challenges and keeping their child safe, should they relapse.

How to Build a Strong Case

Most child custody attorneys in Boulder will tell you that documentation is critical to a strong case. Whether you are documenting your strengths or concerns about the other parent, some good things to keep track of include:

  • Records of doctors’ appointments, events, or school meetings you attended
  • Report cards
  • Medical records
  • Communication log
  • Draft of a parenting plan/schedule

Additionally, if you are leaving a situation with domestic violence, you should include copies of police reports, protection or restraining orders, and records of any incidents that occurred and how they affect your children.

When Intimate Partner Violence is Present

It can be tempting to make quick decisions when you are worried for the safety of yourself or your children, but it is critical to ensure you follow the appropriate procedure to obtain custody. In many cases, simply leaving with your children may be framed as custodial interference and damage your case for custody. You can contact the Boulder child custody lawyers at Danielsen Westhoff to gain insight into how to best protect yourself in the process without risking your case.

When it May Be Time to Modify Your Child Custody Case

While a custody order does not typically have an expiration date beyond when your child is 18 or otherwise not a dependent, that doesn’t mean that it will always be appropriate for your children and the situation. Some of the situations that we have helped parents obtain a modification of the custody agreement include:

  • Significant change in work schedule
  • Relocation
  • Safety concerns
  • Parental misconduct

When parents have a positive working relationship, the custody agreement may be relatively flexible, leaving basic changes up to them to work out and agree on. However, changes that are ongoing, or those that may significantly disrupt the current agreement, can be critical to get a modification and a new court order to protect yourself and your child.

Call the Boulder Child Custody Attorneys at Danielsen Westhoff Today

No matter how amicable your situation with your child’s other parent, you would be remiss to navigate a custody agreement without representation. At Danielsen Westhoff, we have built a reputation on being approachable and compassionate in our approach. Our Boulder child custody attorneys understand that family dynamics are often complicated, and every unit has different needs.

Our team is here to help you meet those needs while providing balanced, honest advice on how to get what you want. We do not avoid hard conversations when they are necessary to best support you. Call us today to schedule a case consultation and learn more about how we can help you navigate your Boulder child custody case. Call (720) 739-1770