Parents will come to us, absolutely terrified and say, “My spouse (or co-parent) is threatening to take my kids.” That threat is very seldom one that can really be carried out.
The state of Colorado wants both parents to be involved in their children’s lives. You may have concerns about custody of your children and how much time you will have with them after a split with the other parent. If you are dealing with a paternity issue, you may be worried about your rights as a father. You need to work with a law firm that knows Colorado family law inside and out.
At Hogan Omidi, PC, we wrote the book on Colorado family law. We know exactly what the laws on child custody say and we will help you protect your parental rights. Our lawyers not only prepare every case for trial but are also excellent negotiators. In many cases, we are able to find a reasonable solution that you and your spouse or co-parent can live with and that will allow your children to thrive.
From Halleh’s interview for the Masters of Family Law series on ReelLawyers.com
In The Best Interests Of The Child
All court decisions regarding children are made “in the best interests of the child.” However not all parents have the ability to distinguish their own best interests from the best interests of their child. Absent certain extreme circumstances, it is in the best interests of a child to have time with each parent and to have good relationships with both parents. This remains true even if the parents do not like each other enough to stay together.
Colorado statutes no longer refer to child custody and visitation. Courts allocate two categories of parental rights and responsibilities – parenting time and decision-making responsibilities. It is frequently in the child’s best interests for each parent to share in these important rights and responsibilities, even if that may not be what the parent prefers.
In some difficult cases there really are serious reasons for concern about a parent’s suitability to care for their child or share in decision making responsibilities. In those cases, agreements on the issues are seldom reached. In those instances we may recommend the involvement of an expert evaluator to assess the abilities of each parent and the needs of the child to obtain a clearer picture of the child’s best interests.
In-Home Study And Psychological Evaluation
In order to determine what arrangements will be in the best interests of a child, the court may require that an investigation be conducted. Here, a professional may be interested in determining the safety of a house and whether it provides a healthy environment for a child. They may want to know if you smoke, drink, own firearms, have a spouse or romantic partner, etc. In general, the study seeks to determine whether anything could pose a threat to the child in question in either home and assess the nature of the bond between the child and each party.
In addition to such a study, the court may ask a psychologist to evaluate a child and/or the parents. The evaluator does not, however, ask a child to choose between the parents.
We have helped hundreds of parents in Denver and throughout the state find the parenting plan that works best for them. This experience helps us identify what does and does not work well and apply it to your circumstances. If you and your spouse or co-parent are unable to come to an agreement, we are experienced trial attorneys and will aggressively enforce your parental rights in court.