When there is conflict in a marriage or domestic relationship, many couples choose to part ways. If children are part of the equation, it is essential for both spouses to cooperate and talk to each other about child custody and care. Working with a competent lawyer who is an expert in family law in Colorado Springs will help in the decision-making process.
How Custody Decisions are Made
Whether you are considering a divorce or already going through it, it is essential to get a good child custody lawyer. Their job is to protect your child’s rights – physical and financial. A lawyer can negotiate custody and visitation rights informally or as part of the court process. If the process is not an amicable one, a judge usually rules on the following:
Custody issues – even though both parents have equal custody, the mother is often the court’s first choice for custody as she is the primary caregiver, especially for babies and toddlers.
Best interests of the child – Custody also depends on this factor, so based on the child’s age, their physical and emotional health, the court chooses the more suitable parent (most often the mother).
Child’s preference – In some cases, judges let a child decide which parent they want to live with, but only after considering all facts.
Custody – a child custody lawyer can help to negotiate legal and physical custody. Legal custody lets a parent decide how to get medical care, a child’s education, disciplining them and their religious education. Getting physical custody means just that – a child can live with a parent. This parent doesn’t have the right to make any other decisions.
Joint custody – Most parents try to get joint custody so that both can play a role in raising their child. This is often the most contentious part of a divorce, and a good child custody lawyer can get both sides to cooperate.
Relocation – In most cases, relocation must be approved by the court as it impedes the rights of non-custodial parents. Moving without court approval can jeopardize a parent’s rights.
Death of a parent – when a custodial parent dies, the other parent can apply to the court for a modification in the original custodial order. This will enable them to take care of their child.
Since divorces and custody rights cases are usually stressful, it is best to hire a good child custody lawyer in the state where you reside. Family and custody laws in Colorado involve complex issues, and lawyers play a key role in protecting parental and children’s rights.