Child Custody - Parenting Time

“Parenting time” refers to how time with the children will be divided between divorced parents. This term replaced the term, “visitation," which is now no longer officially used in the Colorado divorce statutes. Courts usually designate parenting time for one parent, and the other parent as the “primary care parent," or “the parent with whom the children reside the majority of the time." This designation can be important in determining significant parenting issues, such as whether a parent can permanently leave the state with the children.

In divorce, a court will approve most parenting time plans, so long as the parents agree and the court formally finds the parenting plan to be in the children’s best interests. If there is no agreement, the court will decide how parenting time will be divided, based on this best interests standard.

The statute that addresses children’s best interest states: “The general assembly finds and declares that it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage.” Because the Legislature wants “frequent and continuing contact between each parent and the minor children,” judges often award considerable parenting time to non-custodial parents, even if that parent has had less contact with the children in the past.

If the parties are unable to agree on parenting time, the court may craft its own parenting plan based on some or all of the following factors:

• the wishes of the parents;
• the wishes of the child. Normally, the court will not give great weight to the opinion of a
   very young child.  Also, the child will not be allowed to attend the court hearings. 
   Consequently, his or her testimony is technically inadmissible hearsay.  Some courts will
   allow in evidence of the child's wishes if presented by a child family investigator or other
   independent professional;
• the relationship between the child and his or her parents, siblings and any other person
   with whom the child has a close relationship.  The court may consider factors such as
   who the child spends time with, whether the child fights or argues with anyone, who
   comforts the child, whether extended family is closely involved in the child's life;
• how well the child is integrated into his or her current home, school and community;
• the mental and physical health of all individuals involved.  Disability alone is not a basis
   to deny or restrict parenting time;
• the ability of the parties to share love, affection, and between the child and the other
   party;
• whether the past pattern of involvement of the parties with the child reflects a system of
   values, time, commitment, and mutual support;
• the physical proximity of the parties to one another;
• whether any party has been a perpetrator of spousal abuse.  Any such allegations must
   be supported by credible evidence;
• the ability of each party to place the needs of the child ahead of his or her own needs. 

There is no age in Colorado at which a minor child may decide his or her own parenting time; however, the more mature the child, the more credence a judge will give the child’s wishes. In a parenting time dispute, the court may appoint a special advocate, who is an attorney or mental health professional, to interview the parties, children, and others, to recommend a parenting time plan to the court.

Please go to www.burnhamlaw.com for a full overview of the firm and the services provided in both New York and Colorado.