When divorcing partners have children, figuring out various matters associated with child custody will be a crucial part of the divorce proceedings. In some cases, soon-to-be exes may be able to come to an agreement over how custody will be shared and whether/how much child support will be paid to one of the spouses. While this is ideal, it is not always possible, particularly when the soon-to-be ex-spouses are embroiled in contentious divorce proceedings.
If you are dealing with child custody issues and have some questions about what to expect, check out these FAQs. For more specific information and professional advice regarding your case, contact the Centennial divorce and family law attorneys at Bahr and Kreidle.
A: In Colorado, as in many other states, the laws regarding custody are gender-neutral, which means that the gender of a parent is not specifically considered when making determinations regarding custody. What is considered, however, is which parent has taken on more of the child-rearing responsibilities. Because this is the mother in many cases, custody decisions may end up favoring the mother.
It’s important to point out that many other factors are considered by judges who are making custody decisions, so fathers should not be discouraged by this or think that they don’t have a chance at obtaining partial or full custody from the court.
A: As discussed above, a judge will consider which parent has taken on more of the responsibilities for caring for the child when making decisions regarding custody. Other factors that will be considered by the judge and that can strongly impact custody rulings can include:
There may be other factors that judges take into consideration with custody cases, so be sure to have a lawyer representing your best interests to ensure that your rights are fully advocated at every stage of the case.
A: This is ideal. While it can be difficult for parents to agree on custody issues (particularly if they are involved in a contentious divorce), when they are able to come to an agreement on child custody arrangements, the courts will usually uphold this agreement (as long as it is reasonable, fair and makes sense).
A: No. Although it may be tempting to stop payments on spousal or child support when an ex is not living up to his or her end of a child custody agreement, it’s critical that you do not do this, as it can lead to serious legal issues (like being sentenced to jail, having your wages garnished, etc.).
Instead, if one parent is not living up to his or her end of a custody agreement, it’s time to go back to court and report the breach to the judge. This can lead to an adjustment of the custody arrangement, the spousal or child support payments, etc.
A: This depends from case to case. When deciding on whether one parent will have to pay child support (or how much that child support may be), a family court judge will typically take into consideration:
It’s important to point here that child support payments can be amended at any time if the circumstances of custody or one parent’s financial situation changes; however, these amendments to child support payment obligations must be officially handed down by the court (i.e., a person cannot simply decide to change the payment obligations without an official court ruling).
A: No. It can, of course, be tempting to withhold your child from your ex when you haven’t been getting the child support you need. This, however, is NOT a good idea and may end up coming back to bite you later. Instead, if your ex is not living up to his or her end of his child support obligations, the best thing you can do is to return to court and disclose this information to the judge.
While the judge may be able to impose some penalties to get your ex to pay the arrears and continue making child support payments moving forward, the judge may also decide to make an official change to the custody agreement.
Since 1983, the Centennial divorce and family law attorneys at Bahr and Kreidle have been helping married couples dissolve their marriages and resolve child custody issues so they can focus on their future.
Our lawyers are committed to being aggressive advocates for our clients in any legal setting and to providing our clients with exceptional personal service and the highest quality legal representation. This means that our clients can always count on us to be available to answer their questions, to fiercely defend their rights and to be tenacious about helping them achieve the best possible resolutions to their cases.
If you need help with a divorce, child custody issues or with any family law matter, our Centennial divorce lawyers urge you to get more information about your rights by meeting with us for a free, no obligations initial consultation. To set up a meeting, call us at (303) 794-7422 or email us using the form on this page.
