Child Custody FAQ
Over the years, Moller Law Group, based in Colorado Springs, represented many past clients who have found themselves facing a difficult child custody battle. Our attorney, Bill Moller, and the rest of our staff wanted to take a few moments to address some of the common questions we get regarding custody to help you better understand what sometimes happens in these cases.
How Do Courts Decide Custody?
When a custody or parenting time dispute hits the courts in Colorado, communication between the spouses/partners is most likely at an all-time low. Each side will have specific concerns and ideas about what should happen with custody, and they may be unwilling to meet in the middle.
Courts decide these cases on what they feel to be the best interests of the child. Judges look at several factors when making their decisions, and these include the fitness of the parties to parent, the impact upon a child, the preferences of the child if old enough to understand what is happening as well as other characteristics listed in the statutes. Based on the court’s review, it issues a ruling that may be completely different from that sought by the parties.
Why Should I Hire An Attorney For A Custody Agreement?
Really, the most important reason to have an attorney on your side is that you may make a mistake if you try to do this on your own. You may not know everything you need to do during your divorce, and if you fail to address certain matters, they can haunt you for long after your case has ended.
You and your spouse may have a great history of working together to solve problems, but once you find yourself in a custody dispute, the objectives of both parties change. You cannot be 100 percent sure that your ex is committed to the child’s best interests. They are making decisions to help get the custody or parenting time agreement that they want in place. Making a decision without informed legal guidance could permanently impact the time you get to spend with your kids, and leave you little opportunity to correct the mistake.
What Happens If Things Change? Can I Modify My Custody Order?
Things can change unexpectedly overnight. The routine that you depend upon can be drastically different without you having any idea that a change was coming. This might require you to make revisions to the custody agreement you have in place, but this is not necessarily an easy thing to do.
In Colorado, it is possible to revisit a child custody order, but this requires a change in circumstances before the court will hear the request. These include getting a new job in a different city or county, or even another state. You might have other issues, such as concerns about the fitness of your ex as a parent, which could also require the court to change the agreement in place.
While modifications of orders are possible, they are not easy cases. You must cover all your bases covered before taking any action. Ignoring the court’s order could put you in a very disadvantageous position if your case ends up going to trial. Our lawyer can offer you detailed advice about your case and what we feel we can do to help you enhance your chance of modifying your custody agreement.
Need More Information? Let Us Help You Learn More About Your Case
If you have additional questions about your specific child custody or parenting time case, we invite you to call our office at 719-900-3792 or send us an email to schedule your consultation. You will be able to talk to an experienced family law attorney about your options.