Legal Question in Family Law in Colorado
Colorado Custody forms and legality
If both parties agree on a parental plan and fill out a Colorado legal form for this does it need to be filed with courts to be a legally binding document of custody? Can this be done by an individual or must it be an attorney? If it does need to be filed, is it then up to the courts to decide child support?
2 Answers from Attorneys
Re: Colorado Custody forms and legality
A custody, time-sharing and parenting plan agreed to by both parents is binding between them and, assuming they are separated, can be enforced by a court in the context of a legal separation or divorce.
Matters of custody and support are decided by the courts, so it is not possible to have the orders usually connected with a divorce when there is no divorce filed.
It is difficult to see how this arrangement could arise or be maintained unless mother and father are in a divorce situation, whether or not one is filed.
It is not often wise to use do-it-yourself thinking in this area when there are such basic issues of child custody, support and visitation involved.
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Re: Colorado Custody forms and legality
It is not binding until it is filed as part of a divorce, paternity or custody action. It can be done by a non-attorney and the court will determine child support.
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