How to File for Child Custody in Colorado

Filing for child custody can be a complex and emotional process, but understanding the steps involved can help ease the stress. In the state of Colorado, there are specific guidelines and procedures to follow when filing for child custody. This article will provide an overview of the process and address some frequently asked questions.

1. Determine the Appropriate Court: Start by identifying the correct court to file your custody case. In Colorado, child custody cases are typically handled by the district court in the county where the child resides.

2. Gather Necessary Documents: Before filing, gather all relevant documents such as the child’s birth certificate, any existing court orders, and any documentation supporting your case for custody.

3. Complete the Appropriate Forms: Obtain the necessary forms for filing for child custody in Colorado. The main form is the Petition for Allocation of Parental Responsibilities, which outlines your request for custody. Fill out the form accurately and completely.

4. File the Forms: Take the completed forms to the appropriate court and pay the filing fee. The court will provide you with a case number, and the forms will be officially filed.

5. Serve the Other Party: After filing, you must serve the other party involved in the custody dispute. This typically involves hiring a process server or sheriff to deliver the paperwork. Proper service is essential to ensure the legal process moves forward.

6. Attend the Initial Hearing: Once the other party has been served, the court will schedule an initial hearing. Both parties must attend this hearing, where the judge will address temporary custody orders and set a schedule for future court proceedings.

7. Mediation and Evaluation: In many cases, Colorado courts require mediation to attempt to resolve custody disputes. If mediation is unsuccessful, the court may order a Child and Family Investigation (CFI) or Parental Responsibilities Evaluation (PRE) to provide recommendations to the court.

8. Prepare for Court: As the court process continues, gather any evidence or witnesses that support your case for custody. Be prepared to present your case to the judge, including your proposed parenting plan.

9. Attend the Final Hearing: The final hearing is the opportunity to present your case to the judge and address any unresolved issues. The judge will make a decision based on the best interests of the child.

FAQs:

1. Can I file for child custody if I am not the child’s biological parent?
Yes, you can file for custody if you have a significant relationship with the child and can demonstrate that it is in their best interests.

2. How is child custody determined in Colorado?
Colorado courts consider various factors, including the child’s preferences, the child’s relationship with each parent, and each parent’s ability to care for the child.

3. Can I modify a custody order in Colorado?
Yes, you can request a modification if there has been a substantial change in circumstances or if the current custody arrangement is no longer in the child’s best interests.

4. Can grandparents file for custody in Colorado?
Yes, under certain circumstances, grandparents can file for custody or visitation rights in Colorado.

5. Can I represent myself in a child custody case?
Yes, you have the right to represent yourself, but it is recommended to seek legal advice, especially in complex cases.

6. Can a child choose which parent to live with in Colorado?
Colorado courts may consider a child’s preferences, particularly if they are mature enough to express a reasoned preference.

7. How long does the child custody process take in Colorado?
The duration of the process varies depending on the complexity of the case, the court’s docket, and the cooperation of both parties. It can range from a few months to over a year.

8. Can child custody be shared equally in Colorado?
Yes, Colorado courts encourage shared parenting arrangements if it is in the child’s best interests.

9. Can I relocate with my child if I have custody in Colorado?
Relocation laws in Colorado are complex. Generally, if you have sole custody, you may be required to provide notice and obtain the court’s permission before relocating with the child.

Understanding the process of filing for child custody in Colorado is crucial for anyone going through this challenging situation. It is highly recommended to consult with an experienced family law attorney to ensure you navigate the process successfully and protect the best interests of your child.