Custodial Parent Law and Legal Advice in Colorado

When a couple splits and they have a child, the biggest concern is always the same: who will care for the child as the custodial parent? Child support in Centennial, will be based on Colorado state law. As a result, child support will be determined based on the following factors:

Determining Custodial Rights

Custodial rights can be determined in two ways:

  • Amicably
  • Through the courts

custodial-parent-law-and-legal-adviceParents have the right to decide among themselves who will be granted custodial and noncustodial rights of the child. If a couple agrees on a living situation and who will be the primary caretaker of the child, this can be put in writing and handed over to the court for approval. Unless someone contests the agreement, it’s a rather straightforward situation.

In the event that there is a question of who is the baby’s father, this will need to determined using the alleged father’s DNA. It’s rather easy to determine who the mother is, but paternity needs to be established before rights to the child are granted.

If there is no contesting who the father of the child is, paternity will not be an issue.

There is also the case wherein parents will argue over custodial rights. Perhaps the father doesn’t believe the mother is fit to take care of the child, or vice versa. If this occurs, the court will need to decide who will be granted custodial rights of the child.

A few factors that may determine custodial rights include:

  • Child’s wishes (depending on age)
  • The health of the parent
  • Cultural considerations
  • Home environment
  • Support of extended family
  • School and community concerns
  • Abuse of narcotics, alcohol or physical abuse

Ultimately, the decision is a lot easier when it is decided among both parents rather than going to the court. For an experienced child custoder attorney, call Walker, Wright & Associates at (303) 730-0067!

Child Support Calculations

The next main issue is how child support will be calculated in the state of Colorado. Under legislation within the Colorado Child Support Guidelines, support will be determined based on the monthly gross income of both parents.

Both parents will have an obligation to provide basic support for their child.

The major concern comes from the noncustodial parent. In most cases, the noncustodial parent will have to determine how much time will be spent with the child. The time spent with the child is a major concern because it will alter the amount of child support that is needed.

For example, if the child will be staying with the non-custodial parent on weekends and during the summer, the support need to be much different than if the child stayed with the non-custodial parent just one day per week.

If the child only gets to see the parent once every two weeks, for example, the non-custodial parent will be required to pay more in child support because they’re not caring for the child as often.

Under state law, if the monthly gross income of the non-custodial parent is between $900 and $1900, he or she may be eligible for what is called a low income adjustment. This would allow the parent to pay less child support due to financial hardships.

Computations will be based on:

  • Gross income
  • Medical expenses
  • Extraordinary expenses of the child
  • Child care costs
  • Basic child support obligations

Parents that are required to pay child support can ask for an adjustment if a hardship occurs. If apparently is a job for example, they may be able to as for an adjustment of the payments required under law.

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