How to Get Sole Custody in Colorado

How to Get Sole Custody in Colorado

When going through a divorce or separation, determining child custody can be one of the most challenging aspects of the process. In Colorado, the courts encourage parents to work together to create a parenting plan that is in the best interests of the child. However, there are situations where sole custody may be necessary. This article will provide guidance on how to obtain sole custody in Colorado and answer some frequently asked questions.

1. What is sole custody?
Sole custody refers to a situation where one parent is granted full legal and physical custody of the child, making all major decisions and having the child live primarily with them.

2. What factors do Colorado courts consider when determining custody?
The courts consider various factors, including the child’s best interests, the parents’ ability to cooperate, the child’s relationship with each parent, the child’s adjustment to home, school, and community, and any history of abuse or neglect.

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3. How do I start the process?
To obtain sole custody, you must file a petition with the appropriate court in your jurisdiction. It is recommended to consult with an attorney to guide you through the legal process.

4. Can I request sole custody during mediation?
Yes, you can request sole custody during mediation. If an agreement cannot be reached, the court will make a determination based on the best interests of the child.

5. What evidence should I provide to support my request for sole custody?
You should gather evidence such as documentation of any abuse or neglect, police reports, witness statements, and any other relevant information that supports your case for sole custody.

6. Can a parent with a criminal record obtain sole custody?
A parent with a criminal record may still be able to obtain sole custody if the court determines it is in the child’s best interests. The court will consider the nature of the offense, how long ago it occurred, and whether the parent has taken steps towards rehabilitation.

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7. Can a parent with a history of substance abuse get sole custody?
A parent with a history of substance abuse may still be awarded sole custody if they can demonstrate that they have sought treatment, maintained sobriety, and can provide a safe and stable environment for the child.

8. Is it possible to modify a custody order in the future?
Yes, custody orders can be modified if there is a substantial change in circumstances or if it is in the child’s best interests. However, the court will prioritize stability and continuity in the child’s life.

9. What if the other parent violates the custody order?
If the other parent violates the custody order, you can seek legal remedies by filing a motion for contempt or seeking enforcement through the court system.

In conclusion, obtaining sole custody in Colorado requires presenting a strong case that demonstrates it is in the child’s best interests. Consulting with an experienced family law attorney is crucial to navigate the legal process successfully. Remember, the court’s ultimate goal is to ensure the child’s well-being and promote a healthy and stable environment for their upbringing.

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