Divorce settlements aren’t always amicable. In fact, there are more dissolved marriages ending in a mess than those settled peacefully. It’s in these situations wherein child custody battles almost always ensue, with both sides claiming that they have more right to their children than the other.
Although in most cases, children benefit more from growing up with both their parents around, there are certain situations wherein joint custody following a divorce does not make for the best approach. Knowing more about the laws surrounding parenting rights and responsibilities in the State of Colorado will help you ensure your kids’ best interests.
Child custody, on a whole
Like in most other states in the country, family law courts primarily award two types of custody.
The first one, called physical custody, pertains to the actual process of physically taking care of the child. This includes daily supervision and habitation. The second one, known as legal custody, has more to do with the decision-making for the child’s best interest and involves his/her health and overall well-being, as well as education.
Primary custody and visitation rights
There are many cases wherein a parent (usually the mother) receives primary custody. In this case, the child lives with her, while the other parent, called the non-custodial parent, receives visitation rights. In Denver, CO, a child custody attorney like The Burnham Law Firm, P.C. can help increase your chances of gaining primary custody.
Visitation rights, as the term already suggests, allow the non-custodial parent to still spend time with their kids, have them stay at their house for an agreed-upon period, or take them to vacations. However, they have to bring the children back to the parent with the primary custody after this period.
When you think your former spouse shouldn’t have custody
Although it is true that all family courts prefer to award joint custody since they understand that children fare better when they spend time with both parents. However, if they find that spending time with the other parent can negatively affect their health and welfare, there is a higher chance that they may award sole custody to the other parent.