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CHILD CUSTODY IN DENVER

Helping You
Navigate Custody
In Denver

CHILD CUSTODY IN DENVER

Helping You
Navigate Custody
In Denver

Child Custody In Denver

It is never easy to deal with matters of child custody and understanding Denver’s laws governing custody cases can be simply overwhelming. Our experienced child custody attorneys in Denver understand how difficult, time-consuming, and stressful these cases are. You may be able to alleviate some of the stresses surrounding your custody matter by working with our team. Child custody cases affect the lives of you and your children for years to come. Therefore, it is best to consult with professionals that can help you navigate this difficult time to arrive at the best outcome for your family. Our Denver team of child custody attorneys can empathize with how confusing and emotionally draining this time is. They are here to aid your understanding of the situation, focus your attention on what is most important, and help you stay in control of your life.

 

Having a family law firm like Modern Family Law on your side is beneficial for many reasons:

 

  • You will have an unbiased third party helping you through your custody case
  • A Denver custody lawyer can help you understand which type of custody is best for your child
  • A custody lawyer can answer Denver legal questions and resolve disputes
  • An experienced custody lawyer will know what court proceedings to expect

 

In addition to the above advantages, our experienced Denver child custody attorneys can also provide valuable advice about how to deal with certain situations that may arise as a result of your child custody case. For example, if there is a need for medical care or education that requires consent from both parents, an attorney will know how to handle the situation. Our compassionate team of Denver child custody attorneys understands the emotional toll that going through a divorce takes on families and is ready to offer their support throughout the process.

What Practice Areas Fall Under
Child Custody in Denver?

Visitation in Denver

Hearing the word “visitation” while going through a family matter can be devastating. As a parent who wants what is best for their child and wants to be involved in the process as much as possible, we don’t want to hear our efforts and commitment to our children are referred to as “visitations”. It’s important to understand what visitation means, to have visitation means to have the right to visit with your child after a divorce or separation. However, that does not indicate anything about parental responsibilities or decision-making for the child.  In family law, the term “visitation” has been changed to “parenting time” and “allocation of parental responsibilities”.

 

Here are a few terms you should know…

 

Parenting time: Parenting time is the time a child spends with their parents, parenting time can be split up fairly amongst both parents which are considered joint custody. Joint custody is not always 50/50.

 

Decision making: Decision making is the responsibility of the parent to make decisions for health, religion, or educational purposes that are in the best interest of the child.

 

Step-Parent visitation: Being a step-parent going through a divorce can be heartbreaking for both the child and the step-parent, especially if the step-parent acted as the child’s parent for a long period of time. A step-parent can request visitation with their stepchild after divorce under certain requirements.

 

Supervised visitation: A supervised visitation is when you visit your child under the supervision of another adult, usually this type of setting takes place when there is high conflict to ensure the safety of the child.

Father’s Rights in Denver

What are your rights as a father? It’s common for fathers to show concern about what rights they have as a parent during a family case, some fathers feel like the Denver family court favors the mother in most custody cases. In Colorado, both the mother and the father have the same parental rights to their child. Although the family court does care about the parents, their main priority is the best interest of the child, which is what determines the allocation of parental responsibilities.

For example, if the father’s home is closest to the school but the son has weekdays at his mother’s house, and he is always late or absent then the father can request weekdays with him instead because it will be in the best interest of the child. It’s very important to understand that a father does have the right to parent and make decisions just as much as the mother does. Our attorneys at Modern Family law know how important it is for a father to be involved in their child’s day-to-day life and they work diligently to help fathers practice their rights and be committed parents.

Mother’s Rights in Denver

What are your rights as a mother? In Colorado, both the mother and father have equal rights to parental responsibility and decision-making of their child. This doesn’t exactly mean that all joint parenting time and decision-making will be 50/50 but it will be determined in the best interest of the child. There are several factors the court uses, such as the child’s living arrangement with either parent, whether one of the parents has a report of child abuse or neglect, the well-being of the child while with the parent, any physical or mental health issues that would prevent the parent from taking care of the child.

Grandparent’s Rights in Denver

Do grandparents have rights to their grandchildren? There are a few exceptions where a grandparent can step in and request parenting rights to their grandchildren. The grandparent must file a motion for parenting time just as either of the parents would and give an eligible reason as to why they should get parenting time with the child. Grandparents must meet certain criteria to be eligible to file and be granted a parenting or guardianship order from the court. For example:

  • When the parents of the grandchild have gone through a divorce or separation and there is a decree entered in the court.
  • When the legal custody of the child has been given to a person other than their parent, or the child has been placed in foster care and does not reside in the parents’ home, this does not include a child who has been placed for adoption or is already legally adopted.
  • When the grandchild’s parent, who is the child of the grandparent, has passed away.

Parental Alienation in Denver

Do you feel like your ex is conspiring your child against you after the divorce? Have you noticed your child becoming more distant and refusing to talk to you or spend time with you? You may be experiencing parental alienation. Having a parent make negative comments or false statements about you to your child is toxic to your child and is considered a form of abuse.

The court certainly recognizes the influence of parents on their children and finds that parental alienation is very much an issue in some cases and it’s not in the best interest of the child. Children should not be put in the middle of their parent’s problems and adult situations. Do not allow your child to be the messenger between you and the other parent, especially when there are conflicting issues.

Child Protection in Denver

All children need an advocate for them that is not a parent or legal guardian. The children need a voice that will protect them and guide them through their life with the resources they need to be safe and healthy. Denver county has several services that help protect children. If you feel your child may be in danger or needs help, you can contact DHS (Denver Human Services) or CPS (Child Protective Services) to file a report.

There are certain measures that can take place to ensure your child is safe. If you have a custody order with the court already, you can file an Emergency Motion to Restrict Parenting Time. You can also file a temporary or permanent protection order for your child. Our attorneys are experienced in CPS cases. They can go over the next steps with you and help you understand the legal side of keeping your child safe.

Early Assessment in Denver

An early assessment is a method that both parents can use to try to settle conflicts or disputes without going through a court hearing. An early assessment is a lot like going through mediation during a divorce, you will have a non-bias professional assisting with your case to help determine your plan for allocation of parental responsibilities. Some parties find an early assessment is a better route than going through a court hearing because they don’t want a judge or magistrate deciding their parenting plan and they genuinely want to try to resolve the issues on their own.

Studies show that parents who are able to come up with a parenting plan in an early assessment are more likely to resolve issues on their own in the future. An early assessment meeting is scheduled for 4 hours at the courthouse. Both parties will have their attorneys with them if they are represented and there will be a mental health professional present as well to help guide you. Then the two parties will address their concerns regarding parenting time, decision making, and any other custody issues. An early Assessment meeting does not address any financial issues.

If the parents can come up with a plan that both parties agree with they go to the courtroom with a judge and put the full parenting plan on record. Since the Early Assessments have been introduced in Colorado they have been very successful. The parents are satisfied with the outcomes of their plan because they worked together to make it the best fit for their child and they still received professional guidance from a non-bias mental health expert who helps keep the conflict low and focuses on the child’s needs.

Schedule Your Free Consultation!

View Our Colorado
Calculators


Child Custody In Denver

It is never easy to deal with matters of child custody and understanding Denver’s laws governing custody cases can be simply overwhelming. Our experienced child custody attorneys in Denver understand how difficult, time-consuming, and stressful these cases are. You may be able to alleviate some of the stresses surrounding your custody matter by working with our team. Our Denver team of child custody attorneys can empathize with how confusing and emotionally draining this time is. They are here to aid your understanding of the situation, focus your attention on what is most important, and help you stay in control of your life.

What Practice Areas Fall Under
Child Custody in Denver?

Hearing the word “visitation” while going through a family matter can be devastating. As a parent who wants what is best for their child and wants to be involved in the process as much as possible, we don’t want to hear our efforts and commitment to our children are referred to as “visitations”. It’s important to understand what visitation means, to have visitation means to have the right to visit with your child after a divorce or separation. However, that does not indicate anything about parental responsibilities or decision-making for the child.  In family law, the term “visitation” has been changed to “parenting time” and “allocation of parental responsibilities”.

 

Here are a few terms you should know…

 

Parenting time: Parenting time is the time a child spends with their parents, parenting time can be split up fairly amongst both parents which are considered joint custody. Joint custody is not always 50/50.

 

Decision making: Decision making is the responsibility of the parent to make decisions for health, religion, or educational purposes that are in the best interest of the child.

 

Step-Parent visitation: Being a step-parent going through a divorce can be heartbreaking for both the child and the step-parent, especially if the step-parent acted as the child’s parent for a long period of time. A step-parent can request visitation with their stepchild after divorce under certain requirements.

 

Supervised visitation: A supervised visitation is when you visit your child under the supervision of another adult, usually this type of setting takes place when there is high conflict to ensure the safety of the child.

What are your rights as a father? It’s common for fathers to show concern about what rights they have as a parent during a family case, some fathers feel like the Denver family court favors the mother in most custody cases. In Colorado, both the mother and the father have the same parental rights to their child. Although the family court does care about the parents, their main priority is the best interest of the child, which is what determines the allocation of parental responsibilities.

For example, if the father’s home is closest to the school but the son has weekdays at his mother’s house, and he is always late or absent then the father can request weekdays with him instead because it will be in the best interest of the child. It’s very important to understand that a father does have the right to parent and make decisions just as much as the mother does. Our attorneys at Modern Family law know how important it is for a father to be involved in their child’s day-to-day life and they work diligently to help fathers practice their rights and be committed parents.

What are your rights as a mother? In Colorado, both the mother and father have equal rights to parental responsibility and decision-making of their child. This doesn’t exactly mean that all joint parenting time and decision-making will be 50/50 but it will be determined in the best interest of the child. There are several factors the court uses, such as the child’s living arrangement with either parent, whether one of the parents has a report of child abuse or neglect, the well-being of the child while with the parent, any physical or mental health issues that would prevent the parent from taking care of the child.

Do grandparents have rights to their grandchildren? There are a few exceptions where a grandparent can step in and request parenting rights to their grandchildren. The grandparent must file a motion for parenting time just as either of the parents would and give an eligible reason as to why they should get parenting time with the child. Grandparents must meet certain criteria to be eligible to file and be granted a parenting or guardianship order from the court. For example:

 

  • When the parents of the grandchild have gone through a divorce or separation and there is a decree entered in the court.
  • When the legal custody of the child has been given to a person other than their parent, or the child has been placed in foster care and does not reside in the parents’ home, this does not include a child who has been placed for adoption or is already legally adopted.
  • When the grandchild’s parent, who is the child of the grandparent, has passed away.

Do you feel like your ex is conspiring your child against you after the divorce? Have you noticed your child becoming more distant and refusing to talk to you or spend time with you? You may be experiencing parental alienation. Having a parent make negative comments or false statements about you to your child is toxic to your child and is considered a form of abuse.

 

The court certainly recognizes the influence of parents on their children and finds that parental alienation is very much an issue in some cases and it’s not in the best interest of the child. Children should not be put in the middle of their parent’s problems and adult situations. Do not allow your child to be the messenger between you and the other parent, especially when there are conflicting issues.

All children need an advocate for them that is not a parent or legal guardian. The children need a voice that will protect them and guide them through their life with the resources they need to be safe and healthy. Denver county has several services that help protect children. If you feel your child may be in danger or needs help, you can contact DHS (Denver Human Services) or CPS (Child Protective Services) to file a report.

 

There are certain measures that can take place to ensure your child is safe. If you have a custody order with the court already, you can file an Emergency Motion to Restrict Parenting Time. You can also file a temporary or permanent protection order for your child. Our attorneys are experienced in CPS cases. They can go over the next steps with you and help you understand the legal side of keeping your child safe.

An early assessment is a method that both parents can use to try to settle conflicts or disputes without going through a court hearing. An early assessment is a lot like going through mediation during a divorce, you will have a non-bias professional assisting with your case to help determine your plan for allocation of parental responsibilities. Some parties find an early assessment is a better route than going through a court hearing because they don’t want a judge or magistrate deciding their parenting plan and they genuinely want to try to resolve the issues on their own.

 

Studies show that parents who are able to come up with a parenting plan in an early assessment are more likely to resolve issues on their own in the future. An early assessment meeting is scheduled for 4 hours at the courthouse. Both parties will have their attorneys with them if they are represented and there will be a mental health professional present as well to help guide you. Then the two parties will address their concerns regarding parenting time, decision making, and any other custody issues. An early Assessment meeting does not address any financial issues.

 

If the parents can come up with a plan that both parties agree with they go to the courtroom with a judge and put the full parenting plan on record. Since the Early Assessments have been introduced in Colorado they have been very successful. The parents are satisfied with the outcomes of their plan because they worked together to make it the best fit for their child and they still received professional guidance from a non-bias mental health expert who helps keep the conflict low and focuses on the child’s needs.

Schedule Your Free Consultation!

View Our Colorado
Calculators


Our Attorneys Are
Ready To Listen

Our experienced child custody attorneys in Denver have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

How To File For Child Custody In Denver

Filing for child custody in court can get a little complex. First, you must determine where you should file your case. In general, the county where you have resided for at least 6 months with your child is the county that has jurisdiction over your case.  Once you have determined where you will file your case, you follow these steps to file for child custody:

Step 1

File a Petition for Allocation of Parental Responsibilities.

Step 2

Serve the other parent with all documents that were filed with the court.

Step 3

Schedule the Initial Status Conference.

Step 4

Determine what Parenting plan will be in the best interest of your child.

Having a family law attorney to advise you in the process of filing for parenting time will save you a lot of headaches. You want to have the best possible outcome when filing a custody case because if you don’t know what you are asking for the judge or the other party will have a say and the outcome might not be what you want. Once a judge submits the permanent orders on your custody case you can no longer change it, The parties would have to wait 2 years to modify a parenting plan unless the child is in imminent danger then either party can file an emergency motion or protection order at any time.

How To File For
Child Custody In Denver

Filing for child custody in court can get a little complex. First, you must determine where you should file your case. In general, the county where you have resided for at least 6 months with your child is the county that has jurisdiction over your case.  Once you have determined where you will file your case, you follow these steps to file for child custody:

Step 1

File a Petition for Allocation of Parental Responsibilities.

Step 2

Serve the other parent with all documents that were filed with the court.

Step 3

Schedule the Initial Status Conference.

Step 4

Determine what Parenting plan will be in the best interest of your child.

Having a family law attorney to advise you in the process of filing for parenting time will save you a lot of headaches. You want to have the best possible outcome when filing a custody case because if you don’t know what you are asking for the judge or the other party will have a say and the outcome might not be what you want. Once a judge submits the permanent orders on your custody case you can no longer change it, The parties would have to wait 2 years to modify a parenting plan unless the child is in imminent danger then either party can file an emergency motion or protection order at any time.

Frequently Asked Questions About Child Custody in Denver

How do you determine joint custody in Denver?

Joint custody is when both parents have decision-making and or parental responsibilities for their child. The parents must be able to cooperate with each other to make proper decisions about the child as a team. A judge will want to determine that both parents are fit enough to have joint parenting time with their child. Learn more about how courts determine custody in Denver.

I plan to move out of state, do I have to file a motion?

Yes, if you plan on moving out of state and already have a parenting plan with the other party you would have to request to modify the parenting plan. Learn more about requesting a child custody modification.

How do I prove I am the father of an alleged child?

To establish paternity the father must sign the birth certificate as the father of the child or have a paternity test established by the court or child support agency. Learn more about establishing paternity in Denver.

What can I do if the other parent is not following the parenting plan?

You can enforce parenting time by filing a motion with the court. The court will then help make up your parent time or require the other party to adhere to a new parenting time that would work best for the child, in some cases the parent denying child support may also be responsible for paying legal fees acquired for having to go to court to enforce an order. Learn more about parenting time in Colorado.

Frequently Asked Questions About
Child Custody in Denver

How do you determine joint custody in Denver?

Joint custody is when both parents have decision-making and or parental responsibilities for their child. The parents must be able to cooperate with each other to make proper decisions about the child as a team. A judge will want to determine that both parents are fit enough to have joint parenting time with their child. Learn more about how courts determine custody in Denver.

I plan to move out of state, do I have to file a motion?

Yes, if you plan on moving out of state and already have a parenting plan with the other party you would have to request to modify the parenting plan. Learn more about requesting a child custody modification.

How do I prove I am the father of an alleged child?

To establish paternity the father must sign the birth certificate as the father of the child or have a paternity test established by the court or child support agency. Learn more about establishing paternity in Denver.

What can I do if the other parent is not following the parenting plan?

You can enforce parenting time by filing a motion with the court. The court will then help make up your parent time or require the other party to adhere to a new parenting time that would work best for the child, in some cases the parent denying child support may also be responsible for paying legal fees acquired for having to go to court to enforce an order. Learn more about parenting time in Colorado.

Our Compassionate Approach to
Child Custody Cases in Denver

Going through a child custody case is never easy, especially when there is a high conflict with the other party. It’s important to find a child custody lawyer who listens to you and understands your needs during this time. Some people believe they need an aggressive approach in the court to get what they want, but it doesn’t always have to be that way.

 

An experienced lawyer does not want to waste your time or money by engaging in unnecessary conflict that will elongate your case with little to no accomplishments. In most Denver County family cases, the lawyer files your request with the court. By this time our attorneys make sure to meet with you and learn your goals, they know that the most important thing about going to court with you is having your child’s best interest in mind.

 

We understand that family matters can be expensive and fueled by emotion. We are proud to offer a number of ways to help pay for our service. One is our innovative SimpleStart™ Program. Qualify to reduce the initial cost needed upfront and simply pay the client’s bill every two weeks. Contact us to learn about our other payment options and how our child custody attorneys in Denver can help you.

Our Denver Office Location

Additional Child Custody Practice Areas

Custody cases reshape a family. Sometimes a case renders one family into two, and other times the contours expand to two separate homes.  As we work through what the future looks like for our clients, we keep the word “family” in mind to focus us on the children.

Our Compassionate Approach to
Child Custody Cases in Denver

Going through a child custody case is never easy, especially when there is a high conflict with the other party. It’s important to find a child custody lawyer who listens to you and understands your needs during this time. Some people believe they need an aggressive approach in the court to get what they want, but it doesn’t always have to be that way.

 

An experienced lawyer does not want to waste your time or money by engaging in unnecessary conflict that will elongate your case with little to no accomplishments. In most Denver County family cases, the lawyer files your request with the court. By this time our attorneys make sure to meet with you and learn your goals, they know that the most important thing about going to court with you is having your child’s best interest in mind.

 

We understand that family matters can be expensive and fueled by emotion. We are proud to offer a number of ways to help pay for our service. One is our innovative SimpleStart™ Program. Qualify to reduce the initial cost needed upfront and simply pay the client’s bill every two weeks. Contact us to learn about our other payment options and how our child custody attorneys in Denver can help you.

Our Denver
Office Location

Additional Child Custody
Practice Areas

Custody cases reshape a family. Sometimes a case renders one family into two, and other times the contours expand to two separate homes.  As we work through what the future looks like for our clients, we keep the word “family” in mind to focus us on the children.

Meet Our Team Of Experienced
Denver Child Custody Attorneys

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Nicholas Tootalian
Managing Attorney
Denver, CO

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Brian Litzinger
Senior Attorney
Denver, CO

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Cynthia Griffin
Senior Attorney
Denver, CO

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Andrew Kemmer
Associate Attorney
Denver, CO

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Sarah Wilkonson
Associate Attorney
Denver, CO

Denver family law attorney Brandy Dijette-Pierce

Brandy Dijette-Pierce
Associate Attorney
Denver, CO

Denver divorce lawyer Kiana Douglas

Kiana Douglas
Associate Attorney
Denver, CO

See What Our Customers Are Saying About Our Child Custody Attorney’s In Denver

Benji Kelso
Benji Kelso
April 13, 2022.
Brian and Yenesis were really great to work with. They are extremely thorough and know this area of law very well, and they won my case!
Larry B
Larry B
April 7, 2022.
I Spoke with Kiana today and she was very informative and thorough in her explanation of what my situation would entail, and she said I could probably do a divorce without their assistance . I really appreciated her honesty. l would recommend their service to anyone who needs help with their divorce.
Grace Osberg
Grace Osberg
April 1, 2022.
Nick and Jordan are hardworking and dedicated to their clients. I would recommend them to anyone seeking family law advice.
Megan Sexton
Megan Sexton
March 29, 2022.
I had the best experience working with Brian as My Attorney and Yenesis. I felt fully supported while they worked diligently fighting for myself and my children in my very intense divorce case.
Marva Short
Marva Short
March 21, 2022.
Modern Law Firm did a wonderful job handling a post divorce decree matter. Both Attorney Nick Totallian and Jordan Moore were diligent and thorough in bringing this case to a close.
Shiri Dennison
Shiri Dennison
February 19, 2022.
I spoke with kiana she dedicated her time to answer all my questions I didn't feel rushed and I got the answers I needed. She was very personable, very sensitive to the situation and helped me make a decision for a plan thank you so much I appreciate your law firm and your great service.
Shawndra Homeschool
Shawndra Homeschool
January 26, 2022.
Let's be honest, nobody wants to see themselves in a position where a family law attorney is ever needed. However if the situation does arises, Modern Family Law is the only place I’ve trusted with protecting my children and myself. I researched endlessly - day and night - before ultimitly putting my new, terrifying and time sensitive reality into their hands. This is when Brian Litzinger and Jordan Moore were introduced into my life. What had transpired into a “mess”, has now been avoided from becoming an absolute disaster. Thanks to the endless, hard work Brian and Jordan have dedicated. I can now rest assure, that the best outcome will be achieved. I can’t begin to thank Modern Family Law enough.

Our Calculators

We’re not fans of surprises and we suspect you aren’t either. We built these calculators just for you, so you know what to expect every step of the way.

Additional Resources About
Denver Child Custody

child custody lawyers in Denver, CO

How Courts Determine Custody in Denver

Child custody can be one of the most stressful processes for families to endure. Learn how custody is determined in Denver.

Mother protecting daughter

Parenting Time in Colorado

Parenting time outlines a parenting schedule as well as the duties associated with a parent’s time. Learn about these arrangements here.

Ultimate 50/50 Parenting Plan Guide

Ultimate 50/50 Parenting Plan Guide

Divorced parents need to create a parenting plan to best suit their children. Here are some tips, apps, and plans to help parents create a schedule.


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