Denver Office
1900 Grant Street, Suite 500
Denver, Colorado 80203
Phone: 303.837.0757

Aspen Office
1280 Ute Avenue, Suite 15
Aspen, Colorado 81611
Phone: 970.920.3150

Park Meadows Office
9000 E. Nichols Ave, Suite 120
Centennial, Colorado 80112
Phone: 303.837.0757

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303.839.9826

Child Custody Lawyer in Denver

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In Colorado, child custody is referred to as the “Allocation of Parental Responsibilities” (APR). APR also includes the allocation of decision-making responsibilities with regard to the child. An APR action may be incorporated in proceedings for dissolution of marriage, legal separation, or declaration of invalidity of the marriage, or it may be filed as an independent proceeding.

In order to have standing, or the legal right to file, the individual filing for APR with the court must be either a parent, a person other than the parent if the child is not in the physical care of the parent, or a person who has had physical care of the child for at least six months prior to filing. The court may award custody of the children to a nonparent, however all parents of the child must be given notice of the proceeding and an opportunity to appear in court.

Our Denver Divorce Attorney Can Help You Form a Parenting Plan

Courts base all APR proceedings on the “best interest of the child” standard. Courts consider several factors when determining the best interests of the child including: the wishes of the child and the parents as to parenting time; the interactions and interrelationships between the child and the parents and/or siblings; the child’s adjustment to his home, school or community; the mental and physical health of all individuals involved; the ability of the parents to encourage love and contact between the child and the other parent; the past pattern of involvement of the parents with the child; the physical proximity of the parents; whether there has been domestic violence; and the ability of the parties to place the needs of the child ahead of his or her own needs.

The parents must make their best effort to devise a parenting plan for their child that is in the child’s best interests. If the parents are unable to agree on a parenting plan, often times the court will appoint a third party expert to assist the court in rendering parenting time decisions for the parties. Courts do not like making decisions regarding APR; they prefer that parents come to their own decisions regarding their children and fashion a parenting plan around their children’s best interests.