Colorado Laws for Child Visitation

Colorado grants visitation in accordance with parenting plans.

Child custody disputes can be a bitter and dramatic time for anyone. Colorado has specific laws that govern how courts evaluate and make decisions in custody cases. In Colorado, child visitation is granted as a part of an overall parenting plan, over which courts have broad discretion.

Best Interests Tests

All child custody and visitation cases in Colorado are determined in accordance with the state "best interests" test. This means that the court will determine what is in the best interests of the child and use that as the basis for any custody or visitation orders. When determining the best interests of the child, Colorado courts take into consideration numerous factors. These include the desires of the parents, the child's own wishes, the interaction between the child and the parents, in the past patterns of parental involvement, the mental and physical needs of the parties involved, and any other relevant factors the court deems appropriate.

Custody

Colorado courts distinguish between two types of custody: physical and legal. Legal custody is the right of a parent to make decisions concerning the child's education and well-being. Whether or not a parent is granted physical custody, or any visitation rights is not dependent on the granting of legal custody. Courts can determine physical custody (with whom the child resides) on a best interests basis. Any parent not granted physical custody can have visitation rights if the court deems it is in the best interests of the child.

Parenting Plans

Colorado custody cases require both parents to submit a proposed parenting plan to the court prior to the court's decision. The parenting plan to detail the physical custody and visitation rights of each parent, as well as the legal custody decision-making rights. Parenting plans are meant to be comprehensive and cover all custodial aspects, not just visitation. If parties to a custody case cannot agree on a parenting plan, Colorado courts may on their own volition determine what is in the best interests of the child and order an appropriate parenting plan.

References

• Colorado State domestic law: 12-10-124 Best Interest of the Child
• Help Yourself Divorce: Colorado Child Custody Laws