Who Gets the Kids on Thanksgiving When Going Through a Divorce?

Thanksgiving is a time for family, traditions, and connection—but for parents going through a divorce, the holiday can also bring stress, uncertainty, and emotional conflict. One of the most common questions divorcing or newly separated parents ask is: “Who gets the kids on Thanksgiving?”

Because every family dynamic is different, there’s no one-size-fits-all answer. However, the law—and Colorado’s family court system in particular—provides structure, guidance, and options for determining holiday parenting time. Here’s what you need to know if you’re navigating Thanksgiving during a divorce.

What Does Colorado Law Say About Holiday Parenting Time?

In Colorado, parenting time (formerly called “visitation”) depends on what is in the best interests of the child. Holidays—including Thanksgiving—are usually treated separately from regular weekly parenting schedules.

That means even if one parent has the children most weekdays or weekends, the holiday schedule can override the normal parenting plan. Colorado courts strongly encourage parents to work together to create a holiday plan that is fair, child-focused, and as stable as possible.

If parents cannot agree, the courts will step in and assign holiday parenting time based on factors such as:

  • Each parent’s involvement in the children’s lives
  • The child’s relationship with each parent
  • Any existing traditions or cultural practices
  • The distance between households
  • The need to minimize conflict and stress for the children
  • Whether either parent poses safety concerns

Because Thanksgiving typically involves travel and large family gatherings, the court aims to ensure the holiday is enjoyable—not chaotic—for the child.

Common Thanksgiving Parenting Time Arrangements

While each family’s plan may look different, several standard arrangements are commonly used during or after a divorce:

A. Alternating Thanksgiving Each Year

This is the most common and court-approved schedule. One parent gets Thanksgiving in even-numbered years, and the other parent gets the holiday in odd-numbered years.

This approach gives each parent the chance to host the holiday traditions every other year.

B. Splitting the Thanksgiving Day

Some parents prefer—or are required—to split the day. For example:

  • Parent A: Thanksgiving morning until 2 p.m.
  • Parent B: 2 p.m. until evening

This works best when parents live close to one another and want their children to participate in celebrations on both sides of the family. While more complicated, it allows children to spend time with everyone on the same day.

C. Alternating the Long Weekend

Since Thanksgiving often comes with a four-day weekend from school, some families alternate the entire weekend instead of just the holiday itself.

For instance:

  • Parent A gets Wednesday through Sunday during even years
  • Parent B gets Wednesday through Sunday during odd years

This option reduces transitions and allows the children to enjoy extended family time, travel, or vacation traditions.

D. Celebrating a “Second Thanksgiving”

Some parents—especially those who want consistency—set up a non-traditional but effective solution: one parent celebrates with the child on Thanksgiving Day, and the other parent celebrates a second Thanksgiving on the following weekend.

This reduces conflict and allows both sides to build their own traditions with less pressure.

What If You Don’t Have a Parenting Plan Yet?

Couples going through a fresh separation or a mid-divorce situation may not have a formal parenting plan in place when the holiday arrives. In these cases, parents often:

  • Create a temporary written agreement
  • Follow past holiday traditions if doing so is in the child’s best interests
  • Seek help from attorneys or mediators to establish a fair plan
  • Request an emergency or temporary allocation of parenting time from the court

If communication is strained, having a neutral third party—like a lawyer, mediator, or parenting coordinator—can prevent unnecessary conflict.

If one parent refuses to cooperate or uses the holiday as leverage, courts can step in. Judges prioritize the child’s stability and emotional well-being over either parent’s preferences or frustrations.

How to Reduce Stress and Conflict Over Thanksgiving Parenting Time

Holidays can stir up resentment, disappointment, and grief during a divorce. But children notice and absorb the tension between parents. To make the day meaningful—and peaceful—consider these best practices:

A. Plan Early

The earlier you discuss Thanksgiving parenting time, the less stressful the holiday becomes. Trying to negotiate plans in the days leading up to Thanksgiving nearly always leads to disputes.

B. Be Flexible When Possible

Life happens. Travel issues, illness, extended family events, and weather can disrupt even the best-made plans. Flexibility helps your child see that both parents prioritize their happiness.

C. Avoid Putting Children in the Middle

Never force children to choose where they want to spend Thanksgiving. These decisions should be made by adults—not kids.

D. Keep Communication Calm and Clear

Use written communication tools like email or co-parenting apps if emotions are too high for direct conversation. Friendly, concise communication helps avoid misunderstandings.

E. Focus on the Child—not the Holiday Itself

Thanksgiving is one day. What matters most is creating a warm, safe, loving experience for your children—whether it happens on Thursday or Saturday.

How Courts Handle Disputes Over Thanksgiving Parenting Time

When parents cannot agree, the court may do several things:

  • Order mediation to help parents resolve the issue
  • Create a temporary holiday schedule based on the child’s needs
  • Modify an existing temporary plan if it interferes with the child’s best interests
  • Issue sanctions if a parent is intentionally withholding the child or violating a court order

Courts take holiday disputes seriously because these conflicts often reflect larger co-parenting issues. If a parent repeatedly blocks holiday parenting time, it can impact future custody decisions.

Tips for Creating a Long-Term Holiday Plan That Works

A strong holiday schedule should:

  • Be predictable and easy to follow
  • Consider the child’s age, developmental needs, and traditions
  • Allow both parents meaningful holiday time
  • Reduce transitions and stress
  • Stay consistent from year to year
  • Be flexible enough to adapt as children grow

Most parenting plans include a detailed holiday schedule covering Thanksgiving, Christmas, Mother’s Day, Father’s Day, spring break, winter break, and school vacations.

Having structure helps both parents feel secure—and helps children know what to expect.

Making Thanksgiving Peaceful During a Divorce

Going through a divorce is never easy—and facing your first Thanksgiving while separated can feel overwhelming. But a well-planned, child-centered parenting arrangement can help make the holiday warm and meaningful for your kids, even in a time of transition. Whether you split the day, alternate years, or create entirely new traditions, the goal should be the same: put the children first. With communication, cooperation, and a clear plan, Thanksgiving can remain a holiday filled with gratitude—not conflict. If you are facing a challenging or high-conflict divorce, call us today for dedicated legal support that puts your well-being first.

How Divorce Lawyers Protect Your Rights During High-Conflict Splits

High-conflict divorces are emotionally draining, legally complex, and often feel impossible to navigate alone. When tensions run high, communication breaks down, and every decision becomes a battle, having the right legal advocate on your side is essential—not just for your peace of mind, but for your future. At Divorce Matters in Fort Collins, our attorneys understand the unique challenges of high-conflict separations and provide the strong, strategic support needed to protect your rights at every turn.

Understanding the Realities of a High-Conflict Divorce

High-conflict divorces typically involve intense disputes over custody, finances, property division, or ongoing communication. These cases often include patterns of manipulation, refusal to compromise, emotional escalation, or attempts to control outcomes. When one spouse refuses to negotiate fairly, legal decisions become more pressing—and the consequences more serious.

Many people enter a high-conflict divorce believing the situation will settle down naturally. Unfortunately, these disputes rarely resolve without a structured legal framework. A Fort Collins divorce lawyer ensures that every step you take is guided by strategy, not emotion, and that your spouse cannot use chaos or hostility to their advantage.

The Importance of Early Legal Intervention

Early representation can dramatically change the course of a high-conflict split. When the other party pushes boundaries or attempts to intimidate, your lawyer steps in to ensure you do not respond impulsively or give up rights you may regret later. From the moment you hire Divorce Matters in Fort Collins, you gain a buffer between yourself and conflict—allowing you to maintain stability while your attorney manages communication, filings, deadlines, and negotiations.

How Divorce Lawyers Safeguard Your Rights in Contentious Situations

A high-conflict divorce demands more than basic legal support. It requires a strategic advocate who understands how to anticipate the other party’s behavior, counter manipulative tactics, and keep the case moving toward a resolution. Your attorney is not only your legal guide but your protector when the situation becomes unpredictable.

Preserving Your Parental Rights and Parenting Time

Child-related disputes are often the most stressful part of a high-conflict divorce. Emotions run high, and one parent may attempt to weaponize custody, manipulate the children, or create false narratives. A skilled Fort Collins divorce lawyer ensures that the court sees the full picture—not just the accusations.

Your attorney helps document behavior patterns, gather evidence, and advocate for parenting time plans that reflect the child’s best interests. They also help you navigate Colorado’s parenting guidelines, ensuring you are protected during temporary orders, custody evaluations, and long-term parenting plans. If the other parent refuses to cooperate, a lawyer ensures that their actions do not compromise your relationship with your children.

Protecting Your Financial Future

Money often becomes a powerful point of leverage in high-conflict divorces. Whether it’s hidden assets, unauthorized spending, or sudden changes in financial behavior, a conflict-driven spouse may attempt to manipulate outcomes in their favor.

An experienced attorney at Divorce Matters in Fort Collins knows how to uncover financial discrepancies, protect marital assets, and ensure a fair division of property. Your lawyer helps you understand what you are entitled to under Colorado law, from spousal maintenance to division of debts and shared accounts. High-conflict divorces often result in rushed or pressured financial decisions—but with the right legal advocate, you stay protected from unfair agreements.

Ensuring That Court Orders Are Followed

When the other party ignores deadlines, violates agreements, or disrupts the legal process, the court must intervene—often multiple times. Without representation, it can be difficult to prove noncompliance or request enforcement.

Your attorney documents violations, files the appropriate motions, and brings issues back before the judge when necessary. This is especially important when the other spouse consistently refuses to follow temporary orders related to custody, support, or property use. When the behavior becomes repetitive or harmful, your lawyer can also request modifications, sanctions, or additional protections.

The Power of Strategic Communication

Clear, structured communication is one of the biggest advantages of having a divorce lawyer during a high-conflict split. When emotions are high, even a simple message can lead to misunderstandings, arguments, or claims of harassment. Your attorney becomes the central point of communication, ensuring that both parties remain within legal boundaries.

Managing Hostile Interactions

In many high-conflict cases, direct communication between spouses is not productive—or even safe. Your attorney steps in to filter conversations, relay information, and prevent situations from escalating. This reduces your stress and helps maintain a professional tone throughout the process.

Preventing Manipulation and Intimidation

A combative spouse may attempt to intimidate you into decisions that benefit them. A lawyer’s involvement protects you from emotional pressure and ensures that every agreement is made voluntarily and with full legal understanding.

Creating a Documentation Trail

Keeping a record of communication is crucial in high-conflict cases. Your lawyer helps you preserve emails, texts, timelines, and evidence that may become vital later. This documentation can influence custody decisions, property division, and the court’s perception of repeated misconduct.

Litigation Preparation When Settlement Fails

While many divorces can be resolved through mediation or negotiation, high-conflict cases often require firm litigation. When the other party refuses to cooperate or behave reasonably, court becomes the clearest path to resolution.

At Divorce Matters in Fort Collins, your attorney builds a compelling, evidence-supported case that clearly demonstrates your position to the judge. They prepare exhibits, gather testimony, consult experts, and structure arguments that protect your rights in the courtroom. Litigation is stressful, but with experienced legal support, you enter the process fully prepared—without being overwhelmed by the other party’s aggression.

Why Choosing the Right Divorce Lawyer Matters

Selecting a divorce attorney is one of the most important decisions you will make during a high-conflict split. You need someone who is both compassionate and strategic—someone who understands Colorado law, anticipates obstacles, and advocates fiercely on your behalf.

Our team is known for handling complex, contentious, and emotionally intense divorce cases. We provide the structure, clarity, and protection needed when your spouse refuses to cooperate. Clients choose Divorce Matters because we offer strong legal strategy, supportive guidance, and unwavering commitment to defending your rights.

Final Thoughts

A high-conflict divorce is never easy, but you do not have to endure it alone. When emotions overwhelm logic and disputes become constant, the right attorney becomes your anchor. Divorce Matters in Fort Collins is here to protect your rights, support your decisions, and guide you toward a future built on stability—not conflict.

If you are facing a challenging or high-conflict divorce, reach out today for dedicated legal support that puts your well-being first.

How Long Can a Parent Be Absent in Colorado Before Losing Custody or Access Rights?

Parenting after divorce can be challenging—especially when one parent becomes distant or absent for long periods. In Colorado, family courts prioritize the best interests of the child above all else. But what happens when a parent disappears, moves away, or stops maintaining regular contact? How long can a parent be absent before losing custody or visitation rights?

At Divorce Matters, we understand that every family’s situation is unique. Whether you’re the parent who has been left to care for your child alone or the one trying to reconnect after time away, it’s important to know how Colorado law treats parental absence and what steps you can take to protect your parental rights.

Understanding Custody and Parental Rights in Colorado

Colorado uses the term “parental responsibilities” instead of custody. This term covers two main areas:

  1. Parental decision-making – who has authority over major life decisions such as education, healthcare, and religion.
  2. Parenting time – the schedule that determines when a child lives or spends time with each parent.

Both aspects are established through a parenting plan, either agreed upon by both parents or ordered by the court. Once a parenting plan is in place, both parents are expected to follow it and maintain consistent involvement in their child’s life.

If one parent becomes absent for a significant period—without communicating or participating in the child’s life—the court may consider modifying the existing parenting plan.

How Colorado Law Views Parental Absence

There isn’t a specific number of days or months in Colorado law that automatically leads to loss of custody or visitation. Instead, the court examines the totality of the circumstances to determine whether the parent’s absence has affected the child’s well-being.

However, a long or unexplained absence can raise serious questions about a parent’s commitment, reliability, and ability to meet the child’s needs.

Factors that may influence the court’s decision include:

  • The length and reason for the absence
  • The parent’s efforts (if any) to stay in contact
  • The child’s emotional and physical needs
  • The stability of the child’s current living arrangement
  • The other parent’s role during the absence
  • Any history of neglect, abuse, or substance misuse

In short, Colorado courts focus on what benefits the child—not necessarily on punishing an absent parent. But prolonged absence can certainly weaken a parent’s position in custody or visitation disputes.

What Counts as “Abandonment” Under Colorado Law?

The concept of parental abandonment is often raised when one parent is completely out of contact for a long time. Under Colorado law, abandonment generally refers to situations where a parent has intentionally failed to maintain a relationship with their child or failed to provide financial support for a specified period.

While there is no strict timeframe written into law, courts often look at cases where a parent has had no contact for six months or more as potentially fitting the description of abandonment—especially if that absence was voluntary and without justifiable cause.

If abandonment is proven, it can lead to:

  • Loss or restriction of parenting time
  • Transfer of primary decision-making responsibilities to the other parent
  • Termination of parental rights in extreme cases, such as in adoption proceedings

How an Absence Affects Custody Modification

If one parent has been absent and the other wishes to modify custody or visitation, they can file a motion to modify parental responsibilities.

To succeed, the filing parent must show that:

  1. A substantial and continuing change in circumstances has occurred since the last court order, and
  2. The proposed modification is in the best interests of the child.

For example, if a parent has been absent for a year, missed scheduled parenting time, and stopped communicating with the child, the court may determine that this constitutes a significant change in circumstances. The court could then modify the parenting plan to reflect the current reality—potentially giving the other parent sole decision-making authority or restricting visitation until the absent parent demonstrates consistent involvement.

Can an Absent Parent Regain Custody or Visitation?

Yes, but it’s not automatic. A parent who has been absent can request to reestablish contact or restore parenting time, but they must demonstrate that doing so serves the child’s best interests.

Courts often encourage the absent parent to rebuild trust gradually. This may involve:

  • Attending parenting classes or counseling
  • Reintroducing themselves through supervised visitation
  • Demonstrating stability in employment, housing, and lifestyle
  • Showing consistent, positive engagement with the child

Colorado courts recognize that circumstances change. Parents may face military deployment, illness, addiction recovery, or financial hardship that temporarily disrupts contact. If the absence was due to circumstances beyond the parent’s control and they’ve made efforts to reconnect, the court may grant opportunities for renewed parenting time.

When Does Parental Absence Lead to Termination of Rights?

Termination of parental rights is the most extreme outcome and is typically reserved for cases involving severe neglect, abuse, or prolonged abandonment.

In Colorado, a parent’s rights may be terminated if:

  • They have failed to maintain contact with the child for at least six months without good cause.
  • They have failed to provide support despite being financially able to do so.
  • Reunification efforts would not be in the child’s best interest.

Termination can occur voluntarily (such as when a stepparent adopts the child) or involuntarily through a court order. Because termination permanently severs the legal relationship between parent and child, courts approach these cases with extreme caution.

If you believe the other parent’s prolonged absence qualifies as abandonment or if you are an absent parent hoping to regain rights, it’s crucial to seek legal advice from an experienced Colorado family law attorney.

Protecting Your Parental Rights with Divorce Matters

Whether you’re the custodial parent dealing with an absent co-parent or the parent trying to reestablish contact, Divorce Matters is here to help you navigate the legal process with compassion and clarity.

Our experienced family law attorneys can:

  • File or defend custody modification motions
  • Advise you on proving or contesting claims of abandonment
  • Represent your interests in court
  • Develop parenting plans that protect your rights and your child’s best interests

We understand how emotionally charged these cases can be. That’s why our goal is always to find a resolution that provides stability for your child while ensuring fairness for both parents.

Final Thoughts

There’s no single answer to how long a parent can be absent in Colorado before losing custody or visitation rights. Every situation depends on the specific facts, the reasons for the absence, and—above all—the best interests of the child.

What’s clear is that consistent involvement, communication, and support play a major role in maintaining parental rights. If an absence occurs, addressing it quickly and proactively with the court can prevent lasting damage to your relationship with your child.

At Divorce Matters, we’re dedicated to helping Colorado families find balanced solutions to complex custody challenges. If you have questions about parental absence, abandonment, or modifying your custody order, contact our team today to schedule a confidential consultation.

How to Reinstate Custody or Visitation After Being Absent

Life can take unexpected turns. Whether due to personal struggles, relocation, health challenges, or legal issues, some parents find themselves separated from their children for an extended period. If you’ve been absent and want to reconnect, you may be wondering how to reinstate custody or visitation in Colorado.

The good news is that it’s possible—with time, commitment, and the right legal support. At Divorce Matters, our experienced Colorado family law attorneys have helped many parents reestablish custody or visitation and rebuild meaningful relationships with their children.

Understanding Why Custody or Visitation Was Lost

When a parent is absent for a long period, the court may reduce or suspend custody or visitation rights. In Colorado, the courts always focus on the best interests of the child—ensuring children have stability, safety, and emotional support.

Absence doesn’t automatically terminate parental rights, but it can make reinstatement more complex. The court will want evidence that you’ve resolved the issues that led to your absence and that you’re ready to provide a safe, consistent environment for your child.

Common reasons for loss or suspension of custody or visitation in Colorado include:

  • Long-term failure to exercise visitation
  • Substance abuse or untreated mental health concerns
  • Incarceration or legal complications
  • Moving out of state without maintaining contact
  • Allegations of neglect, abuse, or unsafe behavior

If you’ve addressed these issues, you may be eligible to petition the court for reinstatement.

Step 1: Identify the Reasons Behind the Custody Loss

Before taking legal action, it’s important to review the existing custody order and understand what led to the restriction or suspension of your parenting rights.

Ask yourself:

  • What issues did the court identify when custody was modified or revoked?
  • Have I completed any court-ordered programs (e.g., parenting classes, therapy, or substance abuse treatment)?
  • Can I now provide a stable home and healthy environment for my child?

Acknowledging the past and demonstrating growth are crucial steps toward regaining the court’s trust.

Step 2: Rebuild Stability and Readiness

Colorado courts value stability above all else when determining custody or visitation. To improve your chances of reinstatement, you’ll need to show that your circumstances have changed and that you’re now able to provide consistency for your child.

Here’s how to prepare:

  • Secure stable housing and employment. Demonstrate financial and living stability.
  • Maintain sobriety and mental health. Continued participation in treatment or counseling shows commitment to self-improvement.
  • Build a support network. Positive references from employers, counselors, or community members can strengthen your case.
  • Reestablish a routine. Consistency and accountability are key indicators of readiness.

Your progress should be clear, documented, and verifiable when presented to the court.

Step 3: File a Petition to Reinstate Custody or Visitation in Colorado

Once you’re ready, you’ll need to formally request the court to modify your current parenting order. In Colorado, this process typically involves:

  1. Filing a motion to modify parental responsibilities. You’ll explain that your circumstances have significantly improved and that reinstating visitation or custody is in your child’s best interest.
  2. Serving the other parent. They must receive official notice of your motion and have the opportunity to respond.
  3. Attending a hearing. Both parents may present evidence and testimony before the judge.
  4. Demonstrating your progress. Documentation of rehabilitation, therapy, employment, or stable living conditions will be critical.

An experienced Colorado custody lawyer from Divorce Matters can help ensure your motion is complete, persuasive, and properly filed in your county court.

Step 4: Rebuild Trust with Your Child and Co-Parent

Reinstating visitation or custody isn’t just a legal process—it’s an emotional one. Your child may feel uncertain or distant, and the other parent may be cautious about reintroducing you into your child’s daily life.

Be patient. Focus on small, meaningful steps toward rebuilding trust.

Helpful strategies include:

  • Starting with supervised or brief visits to reintroduce yourself gradually.
  • Communicating honestly with your child about your return.
  • Showing consistency—keep promises, be on time, and follow schedules.
  • Participating in family or reunification therapy, if recommended.
  • Maintaining respectful communication with your co-parent.

Consistency and patience show both your child and the court that you are serious about being an active, positive presence.

Step 5: Follow Court Orders Exactly

Once your visitation or custody is reinstated, the court may set conditions to ensure a smooth transition. These could include:

  • Supervised or therapeutic visitation, where visits occur under professional oversight.
  • Gradual increases in parenting time based on progress.
  • Ongoing therapy or monitoring to support family stability.

It’s vital to follow every condition in your court order carefully. Missing visits or violating terms can harm your case and set back your progress. Over time, compliance and consistency may lead to expanded visitation or joint custody.

Step 6: Keep Proof of Your Progress

Judges appreciate tangible evidence of change. Keep organized records of:

  • Counseling or treatment attendance
  • Employment pay stubs or housing agreements
  • Certificates from parenting classes
  • Proof of clean drug or alcohol tests
  • Positive communication records with your child or co-parent

If future hearings occur, these documents demonstrate long-term responsibility and stability—two traits the court values highly in custody cases.

Step 7: Focus on the Best Interests of the Child

The key to reinstating custody or visitation in Colorado is proving that it’s in the best interests of your child. Judges look at several factors, including:

  • The child’s emotional and physical needs
  • The ability of each parent to provide a safe and nurturing home
  • The existing relationship between the child and each parent
  • The stability and consistency of each parent’s environment

When your actions and intentions clearly align with your child’s well-being, you strengthen your position in court.

Moving Forward: A Second Chance to Be Present

Reinstating custody or visitation after being absent is more than a legal battle—it’s a chance to start fresh. With honesty, consistency, and professional guidance, you can show that you’ve grown and that you’re ready to be an active part of your child’s life again.

At Divorce Matters, we believe every parent deserves a fair opportunity to rebuild their family relationships. If you’re ready to take that step, our compassionate and knowledgeable team is here to help you navigate the process with confidence. Contact Divorce Matters today to speak with a trusted Colorado custody lawyer about reinstating your custody or visitation rights. Let us help you take the next step toward reunifying with your child and creating a stronger future together.

Establishing Guardianship in Colorado: Protecting Your Child with Legal Support

When life takes unexpected turns, parents often face tough questions about who will care for their children if they can’t. Guardianship offers a legal solution that ensures a trusted adult can step in to make crucial decisions and provide daily care when parents are unable to do so.

Whether due to illness, deployment, or other personal challenges, establishing guardianship gives parents and families peace of mind knowing their children’s well-being and future are secure. At Divorce Matters, we understand how emotional and complex these decisions can be, and we’re here to help families protect what matters most.

What Is Guardianship?

Guardianship is a court-approved legal arrangement that allows someone other than a child’s parent — known as the guardian — to make decisions about the child’s care, education, and welfare.

In Colorado, guardianship is established through the courts and governed by the Colorado Probate Code. The primary goal is always to serve the best interests of the child.

Parents often seek guardianship when:

  • They’re temporarily unable to care for the child due to health issues, incarceration, or deployment.
  • They’re planning for the future in case of incapacity or death.
  • A child needs stability and protection in a difficult home environment.

Types of Guardianship in Colorado

Every family’s situation is unique, and Colorado law provides several types of guardianship to meet those needs.

1. Temporary Guardianship

Temporary guardianship allows a trusted individual to care for a child for a limited time — often when a parent faces a short-term challenge such as hospitalization, travel, or deployment. This arrangement usually lasts up to six months unless extended by the court.

2. Permanent (or Long-Term) Guardianship

Permanent guardianship is granted when a parent cannot resume caring for the child. This gives the guardian long-term decision-making authority, though it doesn’t terminate the parent’s rights completely. Parents may still remain involved when appropriate.

3. Testamentary Guardianship

Parents can name a testamentary guardian in their will — ensuring their wishes are clear if they pass away. This proactive step can prevent family disputes and ensures a trusted person is ready to step in when needed.

How to Establish Guardianship in Colorado

The process of establishing guardianship requires court involvement to ensure that the arrangement truly benefits the child. Working with a skilled family law attorney can help you avoid delays and confusion.

Here’s an overview of the process:

  1. Filing a Petition – The process begins when an interested party (usually a relative or family friend) files a petition for guardianship in court.
  2. Notifying Interested Parties – The court requires notification of all parties with a legal interest, such as the parents, grandparents, or others close to the child.
  3. Background Checks and Evaluations – The court may order background checks or home studies to confirm that the guardian can provide a safe, stable environment.
  4. Court Hearing – The judge reviews the petition, hears testimony, and decides whether guardianship serves the child’s best interests.
  5. Issuance of Letters of Guardianship – If approved, the guardian receives official documentation authorizing them to make decisions for the child.

Guardianship vs. Custody: Understanding the Difference

While guardianship and custody both involve caring for a child, they are not the same under Colorado law.

  • Custody (often called parental responsibilities) applies when parents separate or divorce and must decide how to share parenting time and decision-making.
  • Guardianship applies when someone other than a parent assumes responsibility for a child, often due to a parent’s absence or incapacity.

Both arrangements focus on the child’s best interests, but guardianship typically involves extended family members or trusted friends, rather than parents.

Why Guardianship Matters

Without formal guardianship, even a close relative may face challenges in caring for a child. Schools, doctors, and other institutions may require legal documentation before allowing someone to make important decisions for a minor.

Legal guardianship ensures that:

  • The guardian can act on behalf of the child without legal barriers.
  • The child’s living arrangement is stable and court-recognized.
  • The guardian has authority to make decisions about education, healthcare, and daily life.

Most importantly, guardianship prevents uncertainty and potential family conflict — ensuring that a child’s safety and stability come first.

How Divorce Matters Can Help

At Divorce Matters, we know that guardianship decisions often arise during emotional and uncertain times. Our experienced attorneys provide compassionate guidance and reliable legal support to help you make informed choices.

We can assist with:

  • Filing guardianship petitions and handling court procedures.
  • Preparing testamentary guardianship documents as part of your estate plan.
  • Advising on the differences between guardianship, custody, and adoption.
  • Representing you in court to protect your rights and your child’s best interests.

We’re committed to helping Colorado families find peace of mind by ensuring their children are protected — today and in the future.

Final Thoughts

Establishing guardianship is one of the most caring and responsible steps a parent or family member can take. It’s about more than legal paperwork — it’s about providing stability, safety, and love for a child when they need it most.

If you’re considering guardianship or want to plan for your child’s future, contact Divorce Matters today. Our experienced Colorado family law attorneys will walk you through every step of the process and help you make the best decision for your family.

Halloween Night and Parenting Time: How to Handle Visitation Conflicts

Halloween is a night filled with costumes, candy, and cherished childhood memories—but for divorced or separated parents, it can also bring a few tricky challenges. When October 31 falls on a weekday, it often overlaps with school nights and regular visitation schedules, leading to confusion or even conflict over who gets to take the kids trick-or-treating.

Balancing child custody and co-parenting during Halloween doesn’t have to turn into a scary situation. With planning, flexibility, and communication, both parents can help ensure their children have a fun, stress-free celebration.

Understanding the Challenge: When Halloween Falls on a Weekday

In many custody arrangements, weekday parenting time might belong to one parent while weekends belong to another. That setup works fine most of the year—but when holidays like Halloween land on a weekday, it can create tension.

For example, if one parent usually has Tuesday or Thursday nights and Halloween falls on one of those days, the other parent might feel left out of the festivities. These conflicts aren’t uncommon, especially since Halloween is more about shared experiences—like trick-or-treating and costume parades—than about gifts or traditional meals.

This is why it’s essential to review your visitation schedule in advance and make adjustments if needed.

Tip #1: Plan Ahead—Don’t Wait Until the Last Minute

The best way to avoid Halloween parenting disputes is to talk early. Check your child custody agreement and the parenting schedule to see which parent technically has the children that evening. Then, discuss how you might share or alternate the celebration.

Some parents choose to:

  • Alternate Halloween each year.
  • Split the day—one parent attends the school party, and the other handles trick-or-treating.
  • Celebrate together, if co-parenting dynamics allow.

When communication happens early, both parents have time to coordinate costumes, transportation, and evening routines without the added pressure of last-minute arguments.

Tip #2: Focus on the Kids’ Experience

It’s easy to get caught up in who gets “the night,” but remember: Halloween should be about your children’s joy, not parental competition. Kids benefit most when both parents support their fun, even from afar.

If you can’t be there in person, ask your child to send photos of their costume or a short video call before they go trick-or-treating. Showing enthusiasm for their excitement helps maintain connection, even if you’re not together that night.

If your co-parent relationship is cooperative, consider joining forces for community events or school festivities. Many children love showing off their costumes to both parents—and this can reinforce a sense of family stability even after separation.

Tip #3: Modify the Parenting Plan if Needed

If Halloween conflicts become a recurring issue, you might consider making a temporary modification to your visitation schedule. Courts and attorneys generally encourage flexibility, especially for minor holidays like Halloween.

Parents can agree in writing to swap days or add make-up time later in the week. For instance, if one parent gets Halloween this year, the other might get the weekend after for a special fall activity like pumpkin carving or a movie night.

It’s also wise to include language in your parenting plan that addresses how holidays like Halloween, Easter, or the Fourth of July will be handled in the future. This helps prevent confusion and ensures your child’s interests come first.

Tip #4: Keep Communication Calm and Respectful

Disagreements happen, but Halloween shouldn’t turn into a courtroom battle. When discussing schedule changes, keep the focus on what benefits the children—not on personal frustrations.

Some helpful strategies include:

  • Using neutral language when texting or emailing.
  • Offering solutions rather than ultimatums.
  • Involving a mediator if you can’t reach an agreement.

If things become too tense, consider reaching out to a family law attorney or mediator who can guide you through resolving parenting disputes peacefully.

Tip #5: Create New Traditions

If you can’t have your child on Halloween night, that doesn’t mean you miss out on the fun. Many families create new traditions to celebrate at a different time.

You might:

  • Host a “Halloween Eve” movie night with spooky snacks.
  • Take your kids to a community “Trunk or Treat” event on another day.
  • Have a costume photo shoot before they head out with the other parent.

These small adjustments ensure you’re still part of your child’s holiday memories, even if the timing isn’t perfect.

Keeping Halloween Fun—No Tricks, Just Treats

At the end of the day, co-parenting during Halloween is about cooperation, not competition. Children thrive when both parents put their happiness and comfort first, no matter who technically has the evening.

By planning ahead, staying flexible, and communicating clearly, you can prevent visitation conflicts from spoiling the fun. With the right approach, Halloween can remain a joyful time of laughter, candy, and connection—no courtroom drama required. If you need help with a custody or visitation matter, contact Divorce Matters today. Our experienced team is ready to help you protect your rights and your child’s best interests.

Navigating Child Custody and Visitation: What Every Parent Should Know

Divorce or separation can be one of the hardest experiences a family goes through—especially when children are involved. Determining child custody and visitation isn’t just about legal paperwork; it’s about creating a plan that supports your child’s stability, happiness, and future.

In Colorado, custody decisions—legally referred to as “parental responsibilities”—focus on the child’s best interests. Understanding how these decisions are made can help parents approach the process with clarity and confidence.

The Two Sides of Custody: Decision-Making and Parenting Time

Colorado law breaks custody into two main components:

  1. Decision-Making Responsibility – Who has the authority to make major decisions about the child’s life, such as education, healthcare, and religion.
  2. Parenting Time (Visitation) – How much time each parent spends with the child, including living arrangements, holidays, and vacations.

Courts often encourage joint custody, where both parents share decision-making and time with the child. However, if joint custody isn’t in the child’s best interests, one parent may receive primary custody, with the other receiving visitation rights.

How the Court Determines Custody

Every custody case is unique. When parents cannot agree on a plan, the court steps in to decide what arrangement serves the child’s best interests. Judges look at several factors, including:

  • Each parent’s emotional bond with the child
  • The child’s adjustment to home, school, and community
  • The ability of each parent to support the child’s relationship with the other parent
  • The mental and physical health of everyone involved
  • Any evidence of abuse, neglect, or substance abuse

The court’s main goal is to ensure a safe, loving, and consistent environment for the child.

Understanding Visitation Rights

Visitation, also known as parenting time, allows a parent to maintain a meaningful relationship with their child even if they don’t have primary custody. Common arrangements include:

  • Alternating weekends and holidays
  • Midweek or overnight visits
  • Extended summer or vacation time

In some cases, the court may order supervised visitation if there are concerns about a parent’s ability to provide a safe environment. These visits take place in the presence of a neutral third party to protect the child’s well-being.

Creating a Parenting Plan That Works

Colorado encourages parents to work together to create a parenting plan—a written agreement that outlines custody, visitation, communication, and decision-making responsibilities. A well-crafted parenting plan helps reduce conflict and ensures that both parents understand their roles and expectations.

If parents cannot agree, the court may order mediation before making a final decision. Mediation provides an opportunity to discuss issues in a neutral setting and reach an agreement without going to trial.

Modifying Custody or Visitation Orders

Life changes—jobs relocate, children grow older, and family needs evolve. If a major life change affects your current custody arrangement, you can request a modification.

To modify a court order, the requesting parent must show that the change serves the child’s best interests. Common reasons include relocation, remarriage, or significant changes in a parent’s circumstances. Having legal guidance during this process can make it easier to present your case effectively.

Why Legal Help Matters

Even when both parents want what’s best for their child, custody and visitation issues can become complex. A knowledgeable family law attorney can help by:

  • Explaining your rights under Colorado custody law
  • Drafting or reviewing parenting plans
  • Representing you in mediation or court
  • Helping you modify or enforce existing orders
  • Protecting your child’s safety and your parental rights

At Divorce Matters, our attorneys understand the emotional and legal challenges parents face during custody disputes. We provide compassionate guidance and strong advocacy to help you reach a resolution that protects your child and your peace of mind.

Final Thoughts

Child custody and visitation cases are about more than legal decisions—they’re about building a foundation for your child’s future. With the right legal support and a focus on cooperation, parents can create a plan that works for everyone involved.

If you need help with a custody or visitation matter, contact Divorce Matters today. Our experienced team is ready to help you protect your rights and your child’s best interests.

Divorce vs. Legal Separation: Which Is Right for You?

When a marriage is no longer working, couples are often faced with a difficult question: should they pursue a divorce or consider a legal separation? While both processes allow spouses to live apart and establish legal arrangements regarding finances, property, and children, the outcomes and long-term implications are very different. Understanding the differences between divorce and legal separation can help you decide which path makes the most sense for your unique situation.

What Is Legal Separation?

A legal separation is a court-approved arrangement where a married couple lives apart but remains legally married. It is more than just moving into separate homes—it involves filing a petition with the court and establishing legally binding agreements on issues such as:

  • Child custody and visitation
  • Child support
  • Spousal support (alimony)
  • Division of property and debts

In Colorado, for example, couples must file for legal separation through the court system, much like they would for a divorce. The court issues a decree of legal separation, which formalizes the arrangement.

Why Choose Legal Separation?

For some couples, legal separation is a more suitable option than divorce. Reasons might include:

  1. Religious or Personal Beliefs
    Some faiths strongly discourage or prohibit divorce, making legal separation a way to live independently while respecting those beliefs.
  2. Health Insurance and Benefits
    Remaining legally married can allow one spouse to continue receiving health insurance coverage through the other’s employer or maintain access to certain benefits.
  3. Financial Considerations
    Couples may find that separating legally—while remaining married—allows them to better manage joint financial responsibilities, tax benefits, or retirement benefits.
  4. Uncertainty About Divorce
    For some couples, legal separation provides space and time to determine whether reconciliation is possible, without the finality of divorce.
  5. Residency Requirements
    In certain situations, couples may choose legal separation first if they have not yet met the residency requirements to file for divorce in their state.

What Is Divorce?

Divorce, or dissolution of marriage, is the permanent and legal end of a marriage. Once a divorce is finalized, both parties are legally single and free to remarry. Like legal separation, divorce requires court involvement and addresses issues such as:

  • Division of property and debts
  • Child custody and visitation
  • Child support
  • Spousal support

However, unlike legal separation, divorce is final and comes with legal consequences that cannot easily be reversed.

Why Choose Divorce?

Divorce may be the best option if you are ready to move on completely from the marriage. Reasons couples choose divorce include:

  1. Closure and Independence
    Divorce provides a clean break and allows both spouses to fully move forward with their lives.
  2. Ability to Remarry
    Only divorce allows individuals to remarry. For those who want the option of future relationships or marriages, this is essential.
  3. Financial Independence
    Divorce legally severs financial ties between spouses, which can help avoid conflicts over future debts or obligations.
  4. Finality
    For many, the emotional clarity of divorce outweighs the uncertainty of ongoing legal separation.

Key Differences Between Divorce and Legal Separation

While divorce and legal separation may look similar in terms of process, the differences are critical:

AspectDivorceLegal Separation
Marital StatusLegally singleStill legally married
Ability to RemarryYesNo
Insurance & BenefitsUsually ends spousal benefitsSpousal benefits may continue
Financial SeparationComplete division of property/debtsSimilar division, but marriage remains intact
Emotional ClosurePermanentMay leave door open for reconciliation
Religious/Personal ConsiderationsMay conflict with beliefsAllows separation without violating beliefs

How to Decide Between Divorce and Legal Separation

Deciding whether divorce or legal separation is right for you depends on your goals, values, and circumstances. Consider the following questions:

  • Are you certain your marriage is over?
    If reconciliation is not an option, divorce may be best.
  • Do you want the option to remarry?
    If yes, only divorce will allow that.
  • Are there financial or insurance benefits you want to preserve?
    Legal separation might allow you to maintain access to these.
  • Do religious or personal beliefs make divorce difficult?
    Legal separation could be a respectful alternative.
  • Do you need time and space to decide?
    Legal separation provides a trial period without the permanence of divorce.

Ultimately, your choice should reflect both your emotional well-being and your long-term practical needs.

Legal Process for Divorce and Legal Separation in Colorado

In Colorado, both divorce and legal separation follow a similar process:

  1. Filing a Petition – One spouse files paperwork with the court.
  2. Financial Disclosures – Both parties exchange information about assets, debts, and income.
  3. Negotiation/Mediation – Couples attempt to agree on property division, custody, and support.
  4. Court Hearing – If agreements are reached, a judge reviews and approves them. If not, the court makes final decisions.
  5. Final Decree – The court issues either a decree of dissolution (divorce) or a decree of legal separation.

One important note: In Colorado, couples who are legally separated can later convert their separation into a divorce decree after six months if they choose. This flexibility can be helpful for couples who are unsure about their long-term decision.

Conclusion: Choosing the Right Path

Whether divorce or legal separation is right for you depends on your personal circumstances, financial needs, and long-term goals. Both options involve serious legal and emotional considerations, and making the wrong choice can have lasting consequences. That’s why it’s crucial to seek guidance from experienced family law attorneys who can help you navigate the process and make informed decisions.

At Divorce Matters, we understand how difficult these choices can be. Our compassionate and knowledgeable team has helped countless individuals in Colorado determine the best path forward for their families. Whether you’re considering legal separation, divorce, or simply exploring your options, we are here to guide you every step of the way.

Colorado Springs Child Custody Laws

What You Need to Know About Child Custody Colorado Laws

Divorce Matters® in Colorado Springs has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

  • This field is for validation purposes and should be left unchanged.

Overview

Divorce cases involving children almost always require difficult, and even painful, negotiations over child custody. The same can be said of non-married parents who decide to separate, which raises the sensitive question of how custody will be allocated.

It is highly advantageous for a divorcing parent to be represented by a lawyer well-versed in child custody Colorado law and experienced in helping clients navigate custody negotiations. The legal team at Divorce Matters® has successfully handled thousands of dissolutions of marriage cases in Colorado Springs that have involved complex issues, from child custody to parental decision-making authority, to parental relocation and beyond. Every child custody attorney at Divorce Matters® is a seasoned legal advocate who is committed to helping each client work toward the best solution for themselves and their family.

It is important for divorcing parents to understand that when it comes to child custody, Colorado laws do not use the terms “joint custody” or “sole custody.” Instead, Colorado’s family law courts speak in terms of parental responsibility, which is broken down into the following two components:

Parenting Time

  • “Parenting time” is a term that Colorado courts use to refer to the amount of time a child spends with one parent or the other. It includes the number of overnight stays, as well as vacation and holiday time.

    A Colorado divorce court judge is required by state law to approve a parenting schedule that is in the “best interests of the child” (see, Colo. Rev. Stat. § 14-10-124). In doing so, the judge must consider the following factors:

    • The wishes of the parents
    • The wishes of the child, if they are old enough
    • The child’s relationship with each parent
    • How well the child is adjusted to their home, school, and community
    • The mental and physical health of all parties involved
    • The ability of each parent to encourage love, affection, and contact with their co-parent
    • The parents’ past involvement in their child’s life
    • Where each of the parents lives
    • The ability of each parent to put the child’s needs ahead of their own

    As every lawyer will tell you: when it comes to child custody, Colorado law recognizes that it is generally in every child’s best interest to have frequent contact with both parents and to have both parents actively engaged in their child’s upbringing. It is also important to note that, in Colorado, neither mothers nor fathers enter custody negotiations a step ahead of the other. Colorado law requires that parenting time and decision-making responsibilities be determined based on who is best able to serve the needs of the child, not the gender of the parent.

Decision-Making

Another component of parental responsibility relating to child custody Colorado laws is formally called the “allocation of decision-making responsibility.” This is more commonly known as legal custody. “Decision-making” refers to a parent’s authority to make fundamental decisions about their child’s welfare. This decision-making authority includes the right to make major decisions, such as where the child will attend school and what extracurricular activities the child will participate in. Smaller everyday decisions generally are not included in this authority, meaning both parents can make these decisions when the child is in their care.

A divorce custody lawyer who is attempting to help a client obtain decision-making authority will argue that, similar to parenting time above, their client making such decisions will be in the best interests of the child.

Whether two parents will be able to share decision-making authority generally boils down to their ability to do the following:

  • Cooperate and constructively make joint decisions
  • Demonstrate a willingness to maintain a mutually supportive environment
  • Collaboratively provide a positive and nourishing relationship with the child
  • Encourage the child to have a positive relationship with both parents

A critical thing to bear in mind about child custody in Colorado is that parenting time (physical custody) and decision-making authority (legal custody) are separate matters that a judge will decide on separately. For example, a judge might conclude that a child is best served by living primarily at one home while giving both parents equal decision-making authority.

Searching for the Best Divorce Lawyer in Colorado Springs?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Why Choose Divorce Matters®?

The child custody attorneys at Divorce Matters® Colorado Springs are exceptionally well-versed in child custody laws in Colorado and have a long track record of zealously representing clients in child custody cases. We handle all manner of child custody cases, from relatively straightforward cases to far more challenging cases involving the following issues:

Contested Custody

A contested child custody case in Colorado is one in which the parents are unable to come up with a custody agreement on their own. In this scenario, the court must intervene and make the child custody decisions for them. Contested child custody litigation should always be pursued as a last resort, as it can quickly become drawn-out and expensive.

Relocation

It isn’t uncommon for a parent to want to leave Colorado after a divorce. You should inform your attorney and judge of this intention and the reason why you will be moving. The divorce court judge will take this reasoning, location of your move, and remaining details in your child custody case and allocate parental responsibilities accordingly, centered around the child’s best interests.

Domestic Violence

Colorado courts are required to consider whether a divorcing parent has engaged in domestic violence when determining parenting time and decision-making authority. This is, however, only one factor among many, and courts are generally reluctant to grant zero parenting time to a father or mother for any reason. Again, the court will make its decisions based on the best interest of the child, not the best interest of either parent.

Order Modifications

At Divorce Matters, our child custody lawyers frequently represent parents who desire to have their child custody order modified. Parents most commonly request this when there has been a change in circumstances and modifying the order is in the best interests of the child. Our seasoned child custody attorneys can assist you through the process of filing for any changes you think might be necessary.

Contact Divorce Matters® Today

Child custody is a highly emotional issue in many cases. If you’d like to speak with a local family law attorney about your legal options as they relate to child custody or any other divorce-related topic, then you can contact us at Divorce Matters® by calling us at 720-542-6142 or filling out our online form.

Am I really required to take a parenting class before custody is decided?

Under Colorado law, if a couple getting divorced has kids, they will generally be required to take a one-time parenting class. This class lasts about four hours and costs roughly $60. In most cases, the divorce and child custody decisions will not be finalized until the class has been taken by both spouses.

Can I take my kids out-of-state while my case is pending?

When a divorce is pending, Colorado law prohibits either spouse from taking the children out of state unless they have either the permission of the other spouse, or the permission of the court.

If I get custody, can I choose where my kids go to school?

It depends on if you were awarded sole decision-making responsibilities or not. In Colorado, “decision-making” refers to the authority to make decisions on the child’s behalf. If you have joint decision-making responsibilities, all decisions must be made together with your ex-spouse. However, if you have sole decision-making responsibilities, then you can choose where your kids go to school without permission from your ex-spouse.

Related Articles and Videos

Playlist

1 Videos

Bringing a Human Approach to Legal Services

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Fort Collins Child Custody Laws – GMB

What You Need to Know About Child Custody Colorado Laws

Divorce Matters® in Fort Collins has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

  • This field is for validation purposes and should be left unchanged.

Overview

Divorce cases involving children almost always require difficult, and even painful, negotiations over child custody. The same can be said of non-married parents who decide to separate, which raises the sensitive question of how custody will be allocated.

It is highly advantageous for a divorcing parent to be represented by a lawyer well-versed in child custody Colorado law and experienced in helping clients navigate custody negotiations. The legal team at Divorce Matters® has successfully handled thousands of dissolutions of marriage cases in Fort Collins, Colorado, that have involved complex issues, from child custody to parental decision-making authority, to parental relocation and beyond. Every child custody attorney at Divorce Matters® is a seasoned legal advocate who is committed to helping each client work toward the best solution for themselves and their family.

It is important for divorcing parents to understand that when it comes to child custody, Colorado laws do not use the terms “joint custody” or “sole custody.” Instead, Colorado’s family law courts speak in terms of parental responsibility, which is broken down into the following two components:

Parenting Time

  • “Parenting time” is a term that Colorado courts use to refer to the amount of time a child spends with one parent or the other. It includes the number of overnight stays, as well as vacation and holiday time.

    A Colorado divorce court judge is required by state law to approve a parenting schedule that is in the “best interests of the child” (see, Colo. Rev. Stat. § 14-10-124). In doing so, the judge must consider the following factors:

    • The wishes of the parents
    • The wishes of the child, if they are old enough
    • The child’s relationship with each parent
    • How well the child is adjusted to their home, school, and community
    • The mental and physical health of all parties involved
    • The ability of each parent to encourage love, affection, and contact with their co-parent
    • The parents’ past involvement in their child’s life
    • Where each of the parents lives
    • The ability of each parent to put the child’s needs ahead of their own

    As every lawyer will tell you: when it comes to child custody, Colorado law recognizes that it is generally in every child’s best interest to have frequent contact with both parents and to have both parents actively engaged in their child’s upbringing. It is also important to note that, in Colorado, neither mothers nor fathers enter custody negotiations a step ahead of the other. Colorado law requires that parenting time and decision-making responsibilities be determined based on who is best able to serve the needs of the child, not the gender of the parent.

Decision-Making

Another component of parental responsibility relating to child custody Colorado laws is formally called the “allocation of decision-making responsibility.” This is more commonly known as legal custody. “Decision-making” refers to a parent’s authority to make fundamental decisions about their child’s welfare. This decision-making authority includes the right to make major decisions, such as where the child will attend school and what extracurricular activities the child will participate in. Smaller everyday decisions generally are not included in this authority, meaning both parents can make these decisions when the child is in their care.

A divorce custody lawyer who is attempting to help a client obtain decision-making authority will argue that, similar to parenting time above, their client making such decisions will be in the best interests of the child.

Whether two parents will be able to share decision-making authority generally boils down to their ability to do the following:

  • Cooperate and constructively make joint decisions
  • Demonstrate a willingness to maintain a mutually supportive environment
  • Collaboratively provide a positive and nourishing relationship with the child
  • Encourage the child to have a positive relationship with both parents

A critical thing to bear in mind about child custody in Colorado is that parenting time (physical custody) and decision-making authority (legal custody) are separate matters that a judge will decide on separately. For example, a judge might conclude that a child is best served by living primarily at one home while giving both parents equal decision-making authority.

Searching for the Best Divorce Lawyer in Fort Collins, Colorado?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Why Choose Divorce Matters®?

The child custody attorneys at Divorce Matters® Fort Collins, Colorado, are exceptionally well-versed in child custody laws and have a long track record of zealously representing clients in child custody cases. We handle all manner of child custody cases, from relatively straightforward cases to far more challenging cases involving the following issues:

Contested Custody

A contested child custody Colorado case is one in which the parents are unable to come up with a custody agreement on their own. In this scenario, the court must intervene and make the child custody decisions for them. Contested child custody litigation should always be pursued as a last resort, as it can quickly become drawn-out and expensive.

Relocation

It isn’t uncommon for a parent to want to leave Colorado after divorcing. You should inform your attorney and judge of this intention and the reason why you will be moving. The divorce court judge will take this reasoning, location of your move, and remaining details in your child custody case and allocate parental responsibilities accordingly, centered around the child’s best interests.

Domestic Violence

Colorado courts are required to consider whether a divorcing parent has engaged in domestic violence when determining parenting time and decision-making authority. This is, however, only one factor among many, and courts are generally reluctant to grant zero parenting time to a father or mother for any reason. Again, the court will make its decisions based on the best interest of the child, not the best interest of either parent.

Order Modifications

At Divorce Matters, our child custody lawyers frequently represent parents who desire to have their child custody order modified. Parents most commonly request this when there has been a change in circumstances and modifying the order is in the best interests of the child. Our seasoned child custody attorneys can assist you through the process of filing for any changes you think might be necessary.

Contact Divorce Matters® in Fort Collins Today

Child custody is a highly emotional issue in many cases. If you’d like to speak with a local family law attorney about your legal options as they relate to child custody or any other divorce-related topic, then you can contact us at Divorce Matters® by calling us at 720-542-6142 or filling out our online form.

Am I really required to take a parenting class before custody is decided?

Under Colorado law, if a couple getting divorced has kids, they will generally be required to take a one-time parenting class. This class lasts about four hours and costs roughly $60. In most cases, the divorce and child custody decisions will not be finalized until the class has been taken by both spouses.

Can I take my kids out-of-state while my case is pending?

When a divorce is pending, Colorado law prohibits either spouse from taking the children out of state unless they have either the permission of the other spouse, or the permission of the court.

If I get custody, can I choose where my kids go to school?

It depends on if you were awarded sole decision-making responsibilities or not. In Colorado, “decision-making” refers to the authority to make decisions on the child’s behalf. If you have joint decision-making responsibilities, all decisions must be made together with your ex-spouse. However, if you have sole decision-making responsibilities, then you can choose where your kids go to school without permission from your ex-spouse.

Related Articles and Videos

Playlist

1 Videos

Bringing a Human Approach to Legal Services

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011