Colorado Child Custody & Visitation Laws
The overriding principle in Colorado divorce cases is "the best interest of the child." Divorce creates a brand new order for the child, and Colorado law sees its job as making this transition as smooth as possible for the child, or children involved. According to the Help Yourself Divorce website, the Colorado lawmakers wish to promote an environment where both parents share the responsibilities of parenthood, promoting a positive relationship with the other parent.
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Parenting Plan
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According to Colorado law, the two parties who are divorcing or separating must come up with a parenting plan, which outlines issues such as decision making, visitation and allocation of responsibilities. According to the Help Yourself Divorce website, if the two parents cannot agree on these items, or if the plan they do submit does not meet with the court's approval, then the court will write a parenting plan of its own.
Court Consideration: Responsibility Allocation
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According to the Help Yourself Divorce website, in Colorado the court shall make its decision regarding the allocation of parental responsibility based on a number of factors. For instance, they consider the wishes of the parents. They also take into account the wishes of the children themselves, provided that those individuals are mature enough to make their choices based on intelligent reasoning. A judge must listen to the child and determine his level of maturity. He must also consider the facts in the case, perhaps conducting interviews with child psychologists to help him decide, and make his judgment based on those facts.
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Relocation
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According to the Divorce Mediation Website, the Colorado Custody and Visitation Relocation law says that a parent who seeks to relocate with his minor child must give the other parent written notice of his intention to move with his child, the reason for the move, and the location of the new place. In addition, that parent must present the other parent---as well as the court---with a new parenting plan and a new visitation, or "parenting time" schedule.
Parenting Time
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Colorado family law gives judges much latitude in determining visitation, or parenting time, as the Colorado court system now prefers to call it. According to the Colorado Divorce Information website, age is one of the key factors a judge will use. When a child is under 2 1/2 years old, a judge will usually restrict overnight visits with a noncustodial parent. After the onset of school age, the court usually prefers that the child stays in one place, especially during the school year. The court generally attempts to divide time between parents for holidays and summers. However, where there has been a history of abuse or neglect, the principle of the "best interest of the child" will reign supreme.
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References
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