Denver Child Custody Lawyer

Disputes over child custody and parenting arrangements require thoughtful and creative solutions in order to allow divorcing parents to go their separate ways while still raising children together in a healthy and cooperative manner.

The Denver family law attorneys of Hogan Omidi, PC, are well-versed in all facets of Colorado custody law. In fact, our founding partner wrote the book on family law; she co-authored the definitive text on the subject which is used by lawyers, judges, and professionals throughout the state.

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The Denver Child Custody Lawyers at Hogan Omidi P.C. will vigorously protect your parental rights while helping you find practical solutions to these complex issues. Contact us today to discuss your custody-related concerns.

From Halleh’s interview for the Masters of Family Law series on ReelLawyers.com

Denver Child Custody Lawyer Quick Links

• Understanding Denver, Colorado Custody Laws
• Denver Parenting Plans That Help You Move Forward
• We Handle All Denver Custody-Related Matters
• When Denver Child Custody Issues Go Overseas
• Let Our Denver Child Custody Attorneys Guide You To Parenting Solutions

Understanding Denver, Colorado Custody Laws

Colorado statutes no longer refer to “custody” and “visitation” because it implies that one parent is the real parent and the other is only marginally involved, which does not reflect reality. The official legal term is allocation of parental responsibilities, but of course, most people still use custody as shorthand.

The family courts are concerned with two aspects of parental responsibility:

• Decision-making (aka legal custody) regarding major decisions on the child’s education, medical care, and general welfare.
• Parenting time (aka visitation or physical custody) regarding the day-to-day care and how much time the child spends in each household.

Typically, both parents share decision-making authority (aka joint legal custody). Parenting time might be split equally or nearly equally, or it might be more one-sided. A parent who is awarded a greater share of parenting time may be referred to as the primary parent or custodial parent, but the noncustodial parent retains an equal say in child-rearing decisions if there is joint decision-making.

Our skilled Denver divorce attorneys represent mothers and fathers in contested custody proceedings, to preserve their active role in the child’s life and safeguard the best interests of the child. Collaborative family law or mediation may help parents find common ground for agreement on custody rather than putting their fate in the hands of the court.

Denver, Colorado’s “Best Interest of the Child” Standard in Child Custody Determinations

In Colorado, the standard for child custody is what is in the “best interest of the child.” This standard is based on many factors that are specific to each family’s situation. The court will consider all relevant factors when making a Denver custody determination. All families differ and not all the statutory factors will be applicable to every family. The following is a list of some of the most common factors the court will consider when making a custody determination in Denver.

The Ability of Each Parent to Provide for the Child’s Physical, Emotional, and Mental Needs

One of the first things that a court will consider when determining custody is each parent’s ability to provide for the child’s physical, emotional, and mental needs. The court will look at things like each parent’s employment situation, their relationship with the child, and their ability to provide a stable home life.

The Relationship Between Each Parent and the Child

The court will also consider each parent’s relationship with the child when making a custody determination. The parent-child bond is an important consideration, and the court will look at which parent has been more involved in the child’s life. Factors such as which parent has been more involved in school activities, medical appointments, extracurricular activities, etc., may be considered by the court.

“The philosophy that guides me on a daily basis is that I want my clients to leave this process with as much dignity as possible, and know they made the right choice”

Halleh T. Omidi

Any History of Abuse by Either Parent

Another important factor that the court will consider is any history of abuse by either parent. If there is any evidence that either parent has abused the child or engaged in domestic violence, that will likely be a major consideration.

History of Substance Abuse

The court will take into account the severity and frequency of the substance abuse, as well as any efforts that have been made to address the problem. In cases where both parents have a history of substance abuse, the court may give preference to the parent who has demonstrated more success in overcoming their addiction. Ultimately, the goal is to ensure that the child has a safe and stable place to live.

Child’s Relationship With Their Siblings

In Colorado, the courts take a child’s relationship with their siblings into account when making custody decisions. The thinking behind this is that siblings usually have a close bond and that it is in a child’s best interest to maintain that relationship. Additionally, keeping siblings together can provide emotional support for each of them during what is often a difficult time.

The Wishes of the Child

If the child is old enough and/or mature enough to express a preference, the court may give significant deference to the child’s wishes. However, Colorado is not a state where the child ever gets to choose, prior to reaching the age of 18. There is no set age limit at which the child has a say in custody matters. The court will decide if the child is mature enough to express their own wishes independently of their parents.

Denver Parenting Plans That Help You Move Forward

A parenting plan is a document that sets forth all the terms regarding how decisions will be made regarding the parents’ shared child. The plan also includes the weekly schedule and the details of co-parenting such as pick-up times, family events, and summer vacation. It also addresses financial issues from child support to health insurance to which parent claims the tax deduction. Our specialized parenting plan attorneys in Denver help you devise a parenting plan that covers the bases and is fair and practical for everyone.

We Handle All Denver Custody-Related Matters

Conflicts don’t end with the initial determination of custody and parenting agreements. We regularly address issues that arise after divorce or custody decree, such as:

• Relocation by either parent
• Modification of custody, parenting time or child support
• Grandparents seeking visitation or custody
• Visitation by extended family or third parties
• Unmarried parents seeking parenting time
• Same-sex parents who have unique custody issues

Denver Child Custody FAQs

Can children choose where they live?

In Colorado, children do not have the sole authority to decide where they live. However, courts may consider their preferences depending on their age and maturity level. Generally, judges take into account an older child’s wishes, but the ultimate decision prioritizes the child’s best interests, not just their preference (McGuane & Hogan, 2009–2024).

Can I change a child custody agreement?

Yes, modifications to child custody agreements are possible under Colorado law. To request a change, you must demonstrate a significant change in circumstances that affects the child’s well-being. This could include relocation, changes in parental fitness, or shifts in the child’s needs. Before approving any adjustments, the court will always assess whether the modification serves the child’s best interests.

Who gets the kids during a divorce?

Parental responsibilities in Colorado are determined based on the child’s best interests rather than automatic assignments. Courts consider various factors, including each parent’s ability to provide stability, the child’s relationship with each parent, and any history of abuse or neglect (McGuane & Hogan, 2009–2024). Parenting time and decision-making responsibilities are allocated based on what will promote the child’s overall well-being.

Is Colorado a 50-50 state?

Colorado law does not mandate a 50-50 custody split but encourages shared parenting when it benefits the child. The court evaluates each family’s unique circumstances, including parental cooperation, work schedules, and the child’s needs. While equal parenting time is possible, it is not guaranteed, and the arrangement must support the child’s best interests.

When Denver Child Custody Issues Go Overseas

International child custody increases the complexity of a custody dispute exponentially. Whether you live abroad and are considering a move to Denver or vice versa, we can help you seek a modification to your existing order. Because international travel, especially if it is long-term, may require written proof of the other parent’s consent, we can advise you on this matter. We can also help you in situations of international child abduction.

How Can a Child Custody Attorney Help You?

Custody battles can be stressful, but having a knowledgeable legal advocate can ease the burden. A Denver child custody lawyer helps protect your parental rights and ensures your child’s best interests remain the priority. Whether you are divorcing, modifying custody, or dealing with a dispute, an experienced attorney simplifies legal complexities and strengthens your case.

Here are some key ways a lawyer can assist you:

• Protecting Your Parental Rights: A lawyer ensures that you understand your rights and advocates for a fair custody arrangement that upholds your role in your child’s life.
• Handling Complex Legal Procedures: Family law is intricate, with detailed paperwork, court hearings, and strict legal standards. An experienced attorney guides you through the process, reducing stress and minimizing errors.
• Focusing on Your Child’s Best Interests: Courts prioritize the child’s well-being. A skilled lawyer presents a compelling case to demonstrate why your proposed custody arrangement serves your child’s needs.
• Negotiating Fair Agreements: Many custody cases involve mediation or settlement discussions. A lawyer helps negotiate parenting plans that work for both parties while keeping your child’s welfare at the forefront.
• Addressing Complicated Situations: High-conflict cases, parental relocation, or allegations of unfit parenting require legal intervention. A knowledgeable attorney can handle these challenges and build a strong case on your behalf.

When facing a child custody matter, having legal representation can make a significant difference in achieving a favorable outcome. Contacting a Denver child custody lawyer ensures you receive the guidance and advocacy needed to protect your family’s future.

Let Our Denver Child Custody Attorneys Guide You To Parenting Solutions

We serve the Denver metro area and throughout Colorado, with offices in Cherry Creek and Aspen. To discuss your custody matters with our experienced family law attorneys, please call 303-691-9600 or contact us online to schedule a time for an appointment.