Douglas County Child Custody Attorneys  

Compassionate and Personalized Counsel for Parents  

At KHM Attorneys at Law, we don't believe in a one-size-fits-all solution. Instead, our attorneys invest time and effort in understanding your specific situation and needs, crafting legal strategies that reflect your unique circumstances.

If you need help filing an initial child custody petition, modifying your current custody orders, or handling another child custody issue, KHM Attorneys at Law can help you. With decades of experience, our Douglas County attorneys are equipped to guide you through cases involving custody, also referred to as the Allocation of Parental Responsibilities (APR). 

Helping clients navigate child custody matters requires more than just a deep grasp of the law—it calls for sensitivity, compassion, and objectivity. Our seasoned family law attorneys have honed these qualities over years of practice, assisting countless clients in their quest to secure the best possible outcome for their children's futures.

We understand that nothing is more important than the well-being of your children. This understanding fuels our commitment to providing exceptional legal counsel during this complex process.

Contact our Douglas County child custody attorneys today by calling (719) 626-8530.

What are the Types of Custody in Colorado?

Colorado law recognizes two types of child custody: legal custody and physical custody. Each type of custody has distinct implications for both parents and children.

• Legal Custody refers to the right of a parent to make major decisions about their child's upbringing, including decisions related to education, healthcare, religion, and general welfare. In most cases, Colorado courts prefer to grant both parents joint legal custody, meaning both parents share the responsibility of making these important decisions for their child. However, if there is a history of conflict or a parent is unable to make decisions in the best interests of the child, one parent may be awarded sole legal custody.
• Physical Custody refers to where the child lives on a day-to-day basis. A parent with primary physical custody is the one with whom the child lives most of the time. The other parent typically has visitation rights. Colorado courts encourage shared physical custody, though this doesn’t always mean a 50/50 split. The court considers various factors when determining the appropriate physical custody arrangement, including the child’s best interests, parental availability, and the child’s relationship with each parent.

What Factors are Considered in Child Custody Determinations?  

At the heart of Colorado's child custody laws is the principle of the "best interests of the child." This standard encompasses a variety of factors that contribute to the child's development and overall welfare.

The court takes into account several factors when determining the best interest of the child and custody. These include (but are not limited to):

• The child's wishes. As we mentioned, the court will factor the child’s preferences into their judgment.  
• The parents' wishes. While the court often tries to encourage the child to have a relationship with both parents (when safe), they will also consider the desires of the parents.
• The child's relationship with each parent. The nature and quality of the child's relationship with each parent will be examined.
• The mental and physical health of all parties involved. This includes both the parents and the child. With regard to the child’s mental and physical health, the court will want to factor in whether either or both parties can handle the child’s specific needs. The court will also consider whether the parents’ health impacts their parenting abilities.  
• The ability of the parents to encourage a loving relationship between the child and the other parent. The court favors parents who will foster a positive relationship between the child and the other parent.
• The parents' financial stability and living conditions. The court will investigate whether both parties are able to provide a safe, stable environment for the child.

Can a Child Choose Which Parent to Live with in Colorado?  

If a child is mature enough to express their preference concerning which parent they wish to live with, the court will take their preference into consideration. However, a child, no matter their age, cannot simply choose which parent will be awarded primary custody. Their preference will simply be a factor the court considers when making their decision.  

It is important to note that, in most cases, children do not testify to their preferences themselves. Other witnesses like friends, family, and caregivers can share the child’s preferences with the court, and the court may ask a Child and Family Investigator to speak to the child’s preferences and their recommendation.

Can You Withhold Custody Because of Back Owed Child Support? 

No, you cannot legally refuse to allow visitation for any reason. Parents must adhere to court-ordered custody and visitation agreements.  

If a parent is not paying court-ordered support, you can take legal action by filing a motion for contempt. In filing this motion, you are asking the court to intervene because of the other party’s failure to meet their court-ordered obligations.

What is a Parenting Plan in Douglas County?

In Colorado, parents are required to develop a parenting plan when they are separating or divorcing. A parenting plan outlines the custody arrangement and addresses key issues such as:

• The allocation of legal and physical custody
• The schedule for parenting time, including holidays, vacations, and special events
• How major decisions will be made (e.g., medical care, education, and religious upbringing)
• How disputes will be resolved between the parents
• A plan for how the child will be transported between each parent’s home

If the parents can agree on a parenting plan, they can submit it to the court for approval. If the parents cannot agree, the court will make the final determination based on the child’s best interests.

How to Modify a Child Custody Order?

After a child custody order has been established, circumstances may change that warrant a modification of the order. For example, if one parent moves out of state, or if there is a significant change in the child’s needs, the custody arrangement may need to be revisited.

In Colorado, a child custody order can be modified if:

• There is a significant change in circumstances that justifies a modification (e.g., a parent moving, a change in the child’s needs, or a parent’s health deteriorating).
• The modification is in the best interests of the child.

It’s important to understand that not all changes in circumstances will justify a modification. A Douglas County child custody lawyer can help you assess whether a modification is warranted and guide you through the legal process if a change in custody is appropriate.

Retain Our Douglas County Child Custody Lawyers

Choosing the right attorney can be pivotal in a child custody case. With KHM Attorneys at Law, you are choosing a team that blends legal experience with empathy, understanding, and respect.

Reach out to our firm online or via phone (719) 626-8530 to get started on your case today.