Allocation of Parental Responsibilities: Custody Lawyer in Colorado Springs, CO
At Perrino Law Firm, we recognize that issues involving your children are the most critical and emotionally draining aspects of any family law case. In Colorado, what is commonly referred to as “custody” is legally termed Allocation of Parental Responsibilities (APR). This process determines the rights and duties of each parent concerning the minor child, and the El Paso County courts operate solely on the principle of the “Best Interests of the Child” (BIOC). Our role is to provide compassionate yet aggressive advocacy to protect your parental rights and secure an arrangement that fosters your child’s well-being in the Colorado Springs area.
Understanding Colorado’s Allocation of Parental Responsibilities (APR)
Colorado law divides parental responsibilities into two distinct categories. Our firm provides experienced legal guidance in negotiating, mediating, and litigating both:
1) Parenting Time (Physical Custody):
- This dictates the physical schedule of the child, specifying when the child will reside with each parent. This results in the Parenting Plan.
- The court can order a variety of schedules, including equal or near-equal time, or an arrangement where one parent has the child a majority of the time (more than 90 overnights), which is relevant for child support calculations.
- Our Service: We help craft detailed, forward-looking parenting plans that address daily routines, holidays, vacations, exchanges, and communication, all tailored to your child’s age and stability needs in the Colorado Springs community.
2) Decision-Making Responsibility (Legal Custody):
The process officially begins with the filing of a Petition for Dissolution of Marriage in the District Court for El Paso County.
- Filing & Service: The petitioning party (Petitioner) files the documents and must formally serve the other party (Respondent) with the Summons.
- Automatic Temporary Injunctions: Immediately upon filing and service, a set of Automatic Temporary Injunctions (ATIs) takes effect. These are court orders that restrict both parties from certain financial and personal actions, such as:
- Transferring, encumbering, or disposing of marital property.
- Changing insurance beneficiaries.
- Removing children from the state without the other party’s consent.
- Initial Status Conference (ISC): A mandatory court appearance, typically scheduled 40-45 days after the Petition is filed, to ensure the case is proceeding smoothly and to discuss any upcoming issues.
At Perrino Law Firm, we meticulously analyze your case to argue for an allocation of decision-making that aligns with the parents’ historical involvement and capacity to co-parent cooperatively, a crucial factor for the court.
The Paramount Standard: Best Interests of the Child (BIOC)
All APR decisions in the 4th Judicial District (El Paso and Teller Counties) are governed by the BIOC standard, as mandated by C.R.S. § 14-10-124. The court must consider and make findings on all relevant factors, which include:
Key BIOC Factors in Colorado: Perrino Law Firm’s Strategic Focus
Parents' and Child's Wishes
Presenting the child's reasoned, independent preferences (if mature enough) and clearly articulating your desired schedule.
Parent-Child Relationship
Highlighting the quality of the interaction and interrelationship between the child, each parent, siblings, and significant others.
Child's Adjustment
Demonstrating the child's stable adjustment to their home, school, and community environment in the Pikes Peak region.
Mental and Physical Health
Addressing the mental and physical health of all individuals involved, including any substance abuse or significant disorders (disability alone is not a bar).
Co-Parenting Ability
Arguing for your proven ability to encourage the sharing of love, affection, and contact between the child and the other party.
Domestic Violence/Child Abuse
Providing vigorous protection for the child and the abused party when any claim of domestic violence, child abuse, or coercive control has been made, which takes paramount consideration over all other factors.
Navigating Contested Cases and Court-Appointed Experts
When parents are in fundamental disagreement, the El Paso County court often utilizes neutral professionals to investigate the family situation and make recommendations. As your legal advocate, we prepare you for these essential, high-stakes proceedings:
Child and Family Investigator (CFI)
A court-appointed professional (often an attorney or mental health worker) who conducts a focused, limited-scope investigation, interviewing parties and the child, and submitting a report on BIOC factors.
Parental Responsibilities Evaluator (PRE)
A licensed mental health professional who conducts a comprehensive, in-depth psychological evaluation. Unlike a CFI, a PRE can require and utilize psychological testing, drug/alcohol screenings, and more extensive background investigation. This is typically used in complex cases involving serious allegations of mental health issues or substance abuse.
At Perrino Law Firm, we diligently prepare you for interviews, manage the organized submission of supporting documentation, and, when necessary, aggressively challenge a professional’s findings through cross-examination or by retaining a rebuttal expert witness.
Post-Decree Modifications and Relocation Defense
Parenting plans often need to change as children grow and parents’ lives evolve. Our firm handles all post-decree matters, from minor scheduling adjustments to major overhauls.
- Modification of Parenting Time (C.R.S. § 14-10-129): The court may modify the schedule if the change serves the best interests of the child.
- Substantial Change in Primary Parent: A more significant change—modifying which parent the child resides with a majority of the time—requires a stricter finding: that the child’s current environment endangers their physical health or significantly impairs their emotional development, and the benefit of the move outweighs the harm.
- Relocation Cases: For military families and others in Colorado Springs, a parent’s desire to move to a new area that substantially changes the geographical ties triggers a specific, detailed analysis by the court. These cases are highly complex and demand expert litigation.
Whether you are seeking a change in the face of compelling new circumstances or defending your existing arrangement, our firm provides the strategic legal arguments and evidence necessary to meet the high legal standards required for any modification.
Find a Colorado Springs Custody Attorney Near You
The well-being of your children is the single most important issue in family law. Do not attempt to navigate the complex standards of Allocation of Parental Responsibilities in El Paso County alone. If you need a dedicated custody lawyer in Colorado Springs for an initial case, a complex modification, or a relocation dispute, secure the committed legal representation you need. Contact Perrino Law Firm today at 719-400-1122 or schedule your confidential case evaluation online. Let us fight for your children’s best interests and your parental rights.
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