the pursuit of parental rights
Equal Parenting Rights in Colorado
In Colorado, both parents have equal rights under the law
when it comes to child custody and parental responsibilities.
This sounds pretty good, right?
Equal can also lead to unequal outcomes in parenting responsibilities and child welfare. Fairness should really be measured by the quality of parenting and the safety and well-being of the children, rather than the legal rights of parents. The notion that both parents should have equal say in their child's upbringing is undermined by the systemic biases and inconsistencies in the legal system itself.
In an ideal world this scenario works great, but not so much here in the real world. If the courts truly were prioritizing the best interests of the child - there would be no need for most parents to advocate fiercely for their own rights. It shouldn't be this hard to advocate for your child, especially if their safety is whats in jeopardy.
According to Colorado Revised Statutes § 13-22-107(1)(a), Parents have a fundamental right and responsibility to make decisions concerning the care, custody, and control of their children. This legal recognition of parental rights as fundamental means that any government interference with these rights must meet a high legal standard.
Specifically:
1. There must be a compelling state interest to justify interfering with parental rights.
2. Any interference must be narrowly tailored to address only that compelling interest.
- Courts must give special weight to parents' decisions regarding their children's upbringing, education, and welfare. Government agencies and courts aren't supposed to be able to easily override parental choices without demonstrating a truly compelling reason and ensuring their actions are as limited as possible in scope.
- However, parental rights are not absolute. In cases of abuse, neglect, or when a parent is deemed unfit, the state is supposed to intervene - to protect children's wellbeing. But this standard of parental rights means - such interventions face a high legal bar to meet.
- But then again, Colorado courts will generally order joint decision-making arrangements for children, even when parenting time is not equally split. This presumption in favor of shared decision-making is stronger in Colorado than most other states, and has its pros and cons.
Equal Rights or Excuses?
The idea that only mothers can receive child custody is an outdated myth. Both parents have an equal right to custody of their children under Colorado law. The law starts with the assumption that it's in a child's best interests to have a relationship with both parents. But that's not always the case, especially in high conflict scenarios. Still, courts will try to award joint custody unless there are specific reasons not to do so.
So what are they?
Truth be told - it's virtually impossible to get sole custody of a child in Colorado. Unless a parent has abandoned the child for six months or more without showing intention to resume care. Only then their rights can be terminated - but "showing Intention" is not a high standard to meet, for instance:
- Occasional Visits or Calls: Sporadic contact to technically stay in touch, ie: just enough to keep your child on an emotional rollercoaster.
- Minimal Financial Support: Small, infrequent payments to check the support box, still enough to disqualify from other assistance programs.
- Last-Minute Compliance: One or two therapy sessions or treatments around court dates, just enough to throw away the thousands you spent on a lawyer..
- Claims of "Future Plans": Vague promises of stability or improvement without any actual follow-through.
- Bare Minimum Court Compliance: Token gestures to meet court orders, like single attendance at required meetings.
- Irregular Communication: Infrequent messages that any lack substance or true engagement.
- Broken Promises: Constantly disappointing the child, and then blaming external factors (ie: you) for their lack of follow through.
The other parents' longtime incarceration is not grounds for termination of parental rights either. Even- if the parent has committed severe abuse, neglect, or another serious offense against the child -
there is no guarantee that the other parent won't keep or even obtain 50% custody.
..YES, you heard that right...
In Colorado, there is NO LEVEL OF CHILD ABUSE OR DOMESTIC VIOLENCE that results in an automatic or definitive loss of custody.
Wait, what.....???
Sure, crimes like physical and sexual abuse, child endangerment, or other serious harm are typically grounds for termination. But that's only if you can prove it. Considering only 3% of reported child abuse in the USA result in a criminal conviction, that leaves a lot of at-risk situations.
Approximately 558,899 are documented as victims of child abuse each year.
Only 1 in 3 incidents are reported.
Only 3% = 16,767 convictions.
542,132 KIDS REPORTED ABUSE
HOW MANY DO YOU THINK WILL END UP IN FAMILY COURT?
Those are just the statistics we are told, but family court cases involving minors are confidential, to "protect the privacy of the children and families." So, data on issues like abuse, neglect, or DV related to children's safety in family court is simply not available.
more Colorado Laws
- For unmarried parents, mothers automatically have sole custody until paternity is established and a court order is in place.
- Interfering with a court-ordered parenting plan or visitation schedule is classified as a Class 5 felony in Colorado. This law underscores the seriousness of adhering to custody agreements and can have severe legal repercussions for non-compliance
- If one parent has fewer than 90 overnight visits with the child in a year, the other parent may be considered the primary parent. This can significantly affect custody determinations and parenting time allocations
- Colorado law allows non-parents (like grandparents or other relatives) to seek custody if they can demonstrate that it is in the child's best interest. This is useful in situations where neither biological parent is fit to care for the child, not so great when your former in-laws have no regards for your role.
- Courts can issue orders that effectively strip parents of their custody rights during participation in certain reunification programs, allowing program directors to dictate contact with children regardless of existing custody agreements
LEGAL terms YOU need to know
Civil Legal Systems
Caregivers are encouraged to understand the civil legal system within family courts, governing laws, and how custody cases are facilitated. This knowledge is crucial for understanding the process so that you know they're aligned with legal standards and procedures.
Knowledge of Colorado Jurisdiction
Colorado's family courts play a crucial role in resolving domestic issues, but navigating the system can be challenging and complex. These courts handle matters such as divorce, child custody, and child support, primarily through the district courts. However, there are several aspects of the system that warrant a closer look.
Jurisdiction and Process Concerns
- Jurisdictional Challenges: While Colorado requires residency for divorce filings and enforces the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) for custody cases, these requirements can complicate matters for families who have recently relocated or have interstate custody issues. The residency requirement can delay access to the courts for those needing immediate relief.
- Complex and Lengthy Processes: The family court process involves multiple steps, including filing, mediation, and potentially contentious hearings. This complexity can be overwhelming, especially for those without legal representation. The court system's emphasis on mediation may not always be suitable, particularly in cases involving power imbalances or domestic violence.
Legislative and Reform Efforts
- Need for Reform: The establishment of a commission to study family courts underscores ongoing concerns about the system's efficiency and fairness. Despite legislative efforts, many families still encounter delays and inconsistent rulings, which can exacerbate stress and conflict.
- High Rate of Self-Representation: With 74% of domestic relations cases involving self-represented litigants, many individuals face the daunting task of navigating legal procedures without professional guidance. This high rate of self-representation can lead to inequitable outcomes and highlights the need for more accessible legal resources and support.
Support and Resource Limitations
- Inadequate Resources: While Colorado offers programs like parenting classes and mediation, these resources may not be sufficient for all families. Access to effective legal assistance remains a significant barrier, particularly for low-income individuals.
- **Legal Assistance Challenges**: Although legal representation is advisable, the cost and availability of experienced family law attorneys can be prohibitive. This limitation often leaves vulnerable parties without adequate advocacy, potentially impacting the fairness of outcomes.
In summary, while Colorado's family courts aim to address domestic issues, the system's complexities, resource limitations, and ongoing need for reform present significant challenges for families seeking justice and resolution.
Parenting Rights and Duties
The components of legal orders related to parenting, including custody and visitation, used for determining legal decision-making.
Conduct and Use of Child Custody Evaluations
The rules of conduct for custody evaluators and is vital for caregivers to know to ensure they are legally compliant and ethically sound.
Procedural Law and Practices
Familiarity with procedural laws and practices in family court, including evidence rules, discovery proceedings, and professional communication etiquette, is important for litigants to navigate the legal aspects of the court room effectively.
Glossary of Legal Terms
This glossary of legal terms to aid litigants in understanding the legal terminology used in their evaluations and reports. *soon
Understanding and Leveraging Your Rights Against Custody Evaluators in Colorado
When navigating custody cases in Colorado, it’s crucial to be well-versed in the laws and guidelines that govern the actions of Parental Responsibility Evaluators (PREs). These specific rules and regulations are not just formalities—they establish the standards that the courts expect these evaluators to follow.
By thoroughly understanding these laws, you gain the power to critically assess the evaluator's reports. If these guidelines are not adhered to, you have the grounds to challenge and potentially have these reports dismissed. This knowledge is your key to protecting your rights and ensuring a fair evaluation process. Study these guidelines carefully and use them to hold evaluators accountable to the standards required by law.
1.
3. HB 21-1228
truth be told
Heres the playbook
So now it's time to learn their moves, and protect ourselves and our kids.
offense, anyone?
Playing defense in a custody case is not a place to be.