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.

The Different Types of Child Custody

When parents divorce, a judge will need to decide who the children will spend time with and which parent will have the legal authority to make decisions for the child. Collectively, these are child custody decisions, though Colorado now prefers to use the term “parental rights and responsibilities” instead of “custody.” Child custody decisions are often very emotional ones, although they do not have to be. Read on for more information about the different types of child custody.

Physical Custody

This is perhaps the easiest type of custody to understand. Physical custody means that the child is primarily living with you and is under your supervision. The other parent is given visitation, also called “parenting time.” Depending on the circumstances, parents might be given extensive visitation or limited visitation.

Legal Custody

Even if a child is not living with you, you can have a say about important decisions regarding the child’s healthcare and education. This is legal custody. For example, you might need to decide whether your child can have surgery. If the judge has awarded you legal custody, then you get to make those decisions.

Sole Custody

Sole custody means that only one parent has custody. For example, a parent might be given sole physical and legal custody of the children, thus cutting out the other parent completely. Colorado law does not favor sole custody. Instead, Colorado law advocates that both parents remain in contact with their children. Sole custody is rare and reserved mostly for those situations where one parent is completely unfit.

Joint Custody

Today, joint custody has become the norm. Joint custody can be joint legal custody, joint physical custody, or both. Colorado law tries to keep both parents as involved in their children’s lives as possible. Unless one parent moves out of state, then both should spend extensive amounts of time with their children.

The precise amount will depend on how close the parents live to each other. For example, if they live in the same city or town, then a judge might divide physical custody 50/50. However, if one has moved a couple hours away, then one parent might be given regular weekend visitation as well as time in the summer.

Reaching an Agreement

You can lower the temperature of any divorce by coming up with an arrangement that works for everybody instead of fighting tooth and nail for sole custody. With respect to visitation, parents should create visitation schedules that they can stick to. If you have a busy job, you shouldn’t agree to weekly visitation if you are on the road constantly.

Of course, in some situation, you might not want joint custody with your ex. Common examples include a spouse who has been abusive to his or her children. Every situation is different, and you should discuss your concerns with your divorce lawyer.

Contact a Lakewood Child Custody Attorney for Help

Child custody decisions are probably the most important ones involved in any divorce. For help with your divorce, speak to a Lakewood divorce attorney at Divorce Matters. Our lawyers are happy to meet with you for a consultation, so call 720-580-6745 today.