Each state has their own laws and judicial mandates regarding parental rights. This article is a discussion of Colorado family law as it applies to children or parents residing in the state and also is informative for the military families based in and around our Colorado Springs family law offices.
Scope of Parental Rights in Colorado Springs
Over the last decade, family courts in Colorado have shifted to a new paradigm with regard to parental rights. In cases where the parents of the child are separated, divorced or never married, parents frequently argue over which one has the greater “right” over the child. Rather than seeing children as possessions to be haggled over or won or lost in a legal dispute, Colorado family courts now operate on the belief that parents have no “rights” as such when it comes to children.
Children, in the eyes of the court, are the one with the rights and parents have responsibilities toward them. Parents now have what the courts refer to as “parental responsibilities” and to achieve this must allocate “parental time” based on the child’s physical and emotional needs. In making or approving parental plans, judges are not to consider any gender-based argument that one parent is more able than the other in serving the needs of the child, and may not take into consideration which spouse filed in the case of a divorce.
Although there is some overlap in a discussion of parental rights and custody issues, is important to note that there are two different types of custody – legal and physical custody. Legal custody refers to the parental responsibilities and determines who has the right to make important decisions for the child in terms of education, religion and health care. Physical custody refers to who the child actually stays with.
Due to parental responsibilities, parents are required to share what is called “decision making responsibility.” This means that with each area that concerns the child, one or the other parent must assume the responsibility for taking decisions with respect to that field. One or both parents may be allocated decision-making responsibilities on educational matters while another is responsible for medical decisions or religious instruction and the allocations may be unrelated to who has physical custody of the child.
Sharing Parental Rights
Courts are of the opinion that it is the best interests of the child to have continuing contact with both parents. They have also determined that communications between the parents is good for the child concerned. In fact, when determining the allocation of decision-making responsibility, courts take into account the ability of the separated parents to cooperate with each other.
Courts consider several factors when allocating parenting time. Some of the variables taken into consideration by the court are:
- The physical, mental and emotional needs of the child.
- The age of the child.
- The wishes of the child. The court may give weight to the maturity level or age of the child in regards to the child’s wishes, but it is ultimately left to the parents and the courts to come to decisions that are in the best interests of the child.
- How well the child has adjusted to his or her school and social environment.
- The mental and physical health of the parents. It is important to note however, that simple disability is never grounds for less parenting time.
- Whether a particular parent is likely to try and alienate the other.
- The history the child has with each parent, and the level of past support and dedication that a parent has shown to the child.
- The physical proximity of the parent’s homes. Obviously, parents who reside in the same neighborhood can allocate parenting time and responsibilities more easily than parents who reside in cities hours apart.
- Empirical Evidence that the parents can cooperate with each other
- Evidence that the parents are able to put the needs of the child above their own to foster an atmosphere of frequent contact between the child and both parents.
