Child custody cases involve emotionally charged decisions that can change a child’s future and the dynamics of a family for life. Whether you are going through a divorce or are having a dispute over the need to modify an existing order, navigating the process can feel almost impossible at times. An Arapahoe County child custody lawyer can step in to advocate for your rights and ensure your child’s well-being remains a top priority.
At Kinnett & Cordes, we understand that every child custody case requires a personalized approach to address the specific needs of each family. That’s why our team of child custody lawyers guides each of our clients through the process with their specific circumstances and needs in mind. By prioritizing open communication and providing quality representation, we strive to ensure that you will feel confident and supported from start to finish.
Child custody cases are known to be complicated and deeply personal. They require a clear understanding of the legal process and all of the different factors involved that influence final custody decisions. Whether you are entering a custody dispute for the first time or need to modify an existing arrangement, knowing what to expect can help you feel more prepared and confident moving forward.
Here are some things you can expect:
The first step in a child custody case is to file a petition with the court. This establishes the fact that you will either be trying to start or modify a custody arrangement and can also include a proposed parenting plan. If you are the responding party, you will need to file an official response and address any claims made in the petition. It’s important to clearly state your goals at this stage and vocalize any concerns you have about the other parent’s ability to provide care.
The court may issue a temporary custody order early in the process to establish a schedule as the case is proceeding. These orders determine which parent the child will live with and outline visitation rights for the other parent, if applicable. These are not permanent orders, but often serve as the basis for the final agreement.
Many courts require parents to attempt mediation sessions. This is when a neutral third party steps in to help the parents negotiate an agreement on custody and parenting time. This process is typically less contentious than a court trial, as it allows both parents to have more control over the outcome of their case. If an agreement is reached, it will be submitted to the court seeking approval. If not, the case will be forced to advance to trial to reach a conclusion.
When a trial happens, each parent has the opportunity to present their case. This involves providing evidence to support the custody request, like records that show how involved you have been in your child’s education and medical care. Witnesses may also be called to testify on your character, like a family member, teacher, or other relevant stakeholder in your life. The judge will evaluate this evidence and make a final verdict that aligns with the child’s interests.
A critical component of any custody case is the parenting plan. This outlines each parent’s schedule and responsibilities. This includes where the child will live, how each holiday and vacation time will be shared, and how specific decisions about the child’s upbringing will be made. Once this is finalized, the custody order officially becomes legally binding. If either parent fails to adhere to these terms, they risk facing legal consequences and losing custody.
A: Child custody decisions in Arapahoe County will always revolve around what makes the most sense for the health and well-being of the children involved. Some factors that will be looked into include the child’s physical and emotional needs, what type of relationship they have with each parent, and each parent’s ability to provide a stable home environment. A judge will also consider a child’s school and community ties to minimize as much disruption as possible.
A: Yes, it is possible for custody arrangements to be modified if there has been a significant change in circumstances that affects the child’s well-being. For example, if one parent needs to relocate for a new job opportunity or one parent has concerns about their child’s safety in the hands of the other parent. The parent who requests the change must provide evidence to justify why the modification is necessary. An attorney can help to make this request as persuasive as possible.
A: If there is evidence that suggests a parent has violated a custody order, the other parent can file a motion with the court to try and enforce the order. A violation could be refusing to return a child after a visitation session, denying court-ordered parenting time, or attempting to interfere with the other parent’s relationship with the child. If true, the court can impose penalties on the non-compliant parent, like issuing fines or making changes to the original custody order.
A: No, a parent does not have sole authority to refuse visitation, even if it’s true that child support payments have not been paid. This is because child custody and child support are treated as separate legal issues. Denying visitation could result in certain legal consequences, like being held in contempt of court or losing custody rights. If a parent is not meeting their child support obligations, the correct action is to alert the court and allow them to handle the situation.
If you are experiencing custody issues, you need to hire an attorney as soon as you can. At Kinnett & Cordes, we would be honored to learn more about what challenges you are having and offer our own solutions for you to consider. Contact us today to start the process and learn more about how we can help.
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