A Denver child custody lawyer handles all matters relating to child custody. Child Custody refers to a host of different responsibilities a parent has over a child especially in cases of divorce and legal separation. Child custody laws determine which parents have what rights and responsibilities regarding their child. A Denver child custody lawyer will generally assist with two main aspects of child custody in divorced families, which are legal and physical custody. Legal custody refers to the parent who is in charge of making decisions about the child’s education, healthcare, welfare, etc. Physical custody refers to the parent who has the right to physically be with the child.
In both legal and physical custody, there can either be one parent who has one and the other does not, or both parents can have shared rights over the child. Your Denver child custody lawyer will describe this as sole or joint custody. Sole legal custody means that one parent is in charge of making decisions for the child, while joint custody means that, though they are divorced, both parents work together to reach decisions about the child’s wellbeing. Physical custody is the same in that there can be a parent with sole physical custody over the child, or the parents can have joint physical custody and arrange who will be with the child at what times. Part of the job of a Denver child custody lawyer is to help establish physical or legal custody for the parent of a child.
If the parents have both joint physical custody and joint legal custody over the child, this is called shared custody. Occasionally it is necessary to change the child custody agreements put in place after a divorce. If something happens which calls for a change in a parent’s custody rights (for example, they move to a place too far for the child to travel, or they are inconsistent or irresponsible with their parental duties), custody rights can be changed in court. This is where a Denver child custody lawyer comes in. In rare cases, a parent will lose their rights over a child (i.e. a family may move from joint custody to sole custody). A parent can also regain custody of their child if he/she proves it is safe and viable to do so. Naturally, the court will make changes based on what is in the best interest of the child, but a Denver child custody lawyer can help a parent sway the court’s decision.
Regardless of what type of custody arrangements are agreed upon (joint or sole), there will generally be one custodial parent and one non-custodial parent. The custodial parent is the parent who has the majority of physical and legal rights over the child. Typically, the child lives with the custodial parent. The non-custodial parent spends less time with the child. He/she is the one who, in a joint physical custody family, will see the child at certain scheduled times. It is rare that the child live with both the custodial parent and non-custodial parent, as they are divorced.
However, child custody does not always occur in divorced families. In some instances, the parents of the child were never married and decided to separate following the child’s conception or birth. In this instance, the parents can still agree upon a visitation schedule for the child in court. Keep in mind that child custody laws in Denver only take effect if the child has lived in Colorado for a certain amount of time. Consult your Denver child custody lawyer for more information.
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