Eagle County Child Custody Lawyer

Eagle County Child Custody Attorney

Child custody issues can arise for families that are fractured from a divorce or separation. Some arise when one parent is negligent, and custody must be allocated into the hands of a more stable parent. These issues can cause deep rifts in the structure of your family. Whatever shape your family dynamic takes, an experienced Eagle County child custody lawyer can be beneficial during this time.

The legal team at Kinnett & Cordes can help you secure a custody arrangement that prioritizes your child’s best interests. Our law firm has vast experience with family law issues, and we are well-equipped to handle your case with compassion and care. We place all of our focus on family law and know how difficult family law matters can be for individuals. Our seasoned team is dedicated to advocating for a positive outcome for each and every client we assist.

Allocating parental responsibility is a serious undertaking that often comes with other large changes to an existing family dynamic. The transition can be emotionally and financially burdensome for a parent. Having a strong, experienced advocate on your side can make enormous strides in establishing a strong, new foundation.

Child Custody Arrangements Following a Divorce

Following a divorce, spouses can establish a custody arrangement for their children. With the help of an attorney, spouses can create equitable plans for custody, financial support, and visitation that ensure the child’s needs are fulfilled. At this point, it can also be calculated how much financial support should be requested of the higher-earning spouse from the lower-earning spouse.

How Is Child Custody Determined in Colorado?

In Colorado, child custody cases may take the following factors into account:

• The wishes of the parents
• The preferences of the child – The child’s preferences may be considered if the court finds the child capable of reasonable and independent decision-making
• The child’s relationship with the parents and other family members
• The child’s home, school, and social circumstances
• The parents’ willingness to allow co-parenting or visitation
• Both parents’ histories of domestic violence

Even though a court trial may not be necessary, the arrangement must still be approved by a judge. Filing jointly and remaining cooperative throughout the process can expedite the establishment of a parenting plan.

If parents are not in agreement, a judge will decide on the terms of their parenting plan. A judge must prioritize the needs and safety of the child. They cannot make decisions based on the gender of the parents or their conduct if it does not relate to the parent-child relationship.

A judge can also take the preferences of the child into consideration if the child chooses to make a private statement about it. Custody evaluators may be brought in to assess the situation and report it to the court. In these cases, the child must be deemed mature enough to form reasonable opinions on the matter. There is no required age limit for this and is purely up to the discretion of the court.

What Do Child Custody Parenting Plans Cover?

The terms of a child custody plan are decided on a case-by-case basis and can vary greatly. Some of the things that can be negotiated during child custody discussions include:

• A parenting schedule for the child
• Establishing sole parental responsibility
• Child support, if there is a significant income disparity between the parents
• How the child’s important life decisions will be made

Child custody plans are legally binding, and parents have the responsibility of adhering to them. Legal action can be taken against parents who don’t adhere to their plans. If one parent neglects to care for their child under the agreed-upon terms, the other parent can bring them to court. There may be further legal consequences enacted on the offending parent. If it is necessary and serves the well-being of the child, modifications to the arrangement can be made.

Who Can Start a Case for a Parenting Plan?

Though parenting plans are most often sought by parents of the child, this is not always the case. Someone other than a parent of the child can file for a parenting plan if:

• The child is not already in the custody of a parent
• They have physically cared for the child for at least 182 days

There are several reasons a parent might not be allowed custody of their child. If a parent is unfit to care for their child, custody may be revoked. Scenarios in which a parent might be deemed unfit can look like:

• Untreated substance abuse
• Inability to care for a child
• Domestic violence
• Unstable or unsafe housing

While custody may be allocated to another person for the physical well-being of the child, this is not a direct judgment of a parent’s love for their child. During court proceedings, it is important to remember that custody arrangements are made and modified for the child’s best interests. Decisions made against placing the child in your care may seem hurtful or insensitive, even though the court is considering your case objectively.

Options for Non-Traditional Families

In most cases where children are involved, it is usually assumed that the child’s genetic parents serve as the primary caretakers for the child. However, families can take many different forms, upending this notion. What qualifies as a non-traditional family can include:

• Same-sex marriages
• Common law marriages
• Grandparents or other family members as legal guardians
• Adoptive parents
• Step-parent involvement

The requirements for nonparents to be involved in the allocation of parental responsibility hinge on them having previously maintained primary care of the child. The child must have been in their care and not in the care of either parent.

Do I Need a Lawyer for Child Custody in Colorado?

While it is not legally required for parents seeking child custody to hire a lawyer, you may run into challenges throughout the process that you are not equipped to deal with. Having the knowledge and experience of an Eagle County custody lawyer helps make the process as smooth as possible.

It can be tempting to forego attorney representation. Child custody matters, like many areas of family law, can feel deeply personal and emotionally draining. However, losing custody of a child or having limited custody imposed upon you is a serious matter. Without adequate representation, you might walk away with much less than you deserve or are capable of providing for your child.

What Happens When Children Refuse Visitation?

When children refuse to adhere with the custody arrangements, it is normally the parents’ responsibility to get them to comply. However, this is not always a simple feat to manage. For children that are particularly resistant, it can be especially difficult for parents to enforce custody schedules. In cases where refusal is too difficult to overturn for a parent, reasonable modifications can be requested. Arrangements may also be updated as the child grows and their needs change.

Requesting Modifications to a Custody Arrangement

Although decisions of child custody can seem final, it is perfectly acceptable to request modifications. Whether a modification is requested due to the age of the child, relocation of a parent, or other needs that arise, they must always be in service of the child’s well-being. Modifications should be made with the guidance of an experienced family law attorney to ensure that they fall within reasonable consideration.

Who Pays Attorney Fees in Child Custody Cases in Colorado?

Hiring an attorney may seem like an unnecessary expense, but advocacy from a skilled child custody lawyer is crucial to securing an appropriate custody arrangement for you and your family. Additionally, Colorado allows the court to require higher-earning spouses to pay the fees of the lower-earning spouse’s attorney.

This is not always the case, as the court must establish a significant income disparity between the two spouses. Attorney insight can help you secure this provision. This is one of the many ways that having a custody lawyer can help you minimize financial burden.

How Much Is a Custody Lawyer in Colorado?

Regardless of who is required to pay, custody lawyers charge for their time and knowledge. Fees vary widely based on the amount of preparation and mediation that is required for each case. If court trials become necessary, this may result in higher fees.

Rest assured, our custody lawyers are here to help you and your family achieve an outcome that satisfies all parties involved. We strive to make the most of your time and trust and believe no one should go without an attorney because they can’t afford it.

Contact a Child Custody Lawyer at Kinnett & Cordes

Custody disputes can cause great tension in family units that are already under great strain and instability. By hiring an Eagle County custody lawyer, you place your family’s well-being and security into capable and compassionate hands. To discuss what the law firm of Kinnett & Cordes can do for you, contact us online to schedule a consultation.