Legal Question in Family Law in Colorado

Re: Divorce, Domestic violence, and Child Custody

Thank you for your inquiry. My name is Tawni Cummings, and I am one of the family law attorneys at the Harris Law Firm, P.C.

Judges make decisions concerning parental rights, and parenting time (formerly called "visitation") based on numerous factors. The fact that you have had a domestic violence charge is but one of the factors a Judge will consider.

Unfortunately, without knowing more about your specific situation, I am unable to give you my opinion about what type of decision you might expect from a judge in terms of the allocation of parental rights and parenting time.

However, I can tell you that, in general terms, the allocation of decision-making responsibilities (formerly referred to as "legal custody") and how much parenting time is determined based upon what is in the best interests of the children. In implementing this standard, judges will look at factors such as: The wishes of the parents; The wishes of the child if that child is sufficiently mature to express reasoned and independent preferences; The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests; The child's adjustment to his or her home, school, and community; The mental and physical health of all individuals involved; The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support; The physical proximity of the parties to each other as this relates to the practical considerations of parenting time; Whether one of the parties has been a perpetrator of child abuse or neglect, or a perpetrator of spousal abuse; and the parties' ability to place the child's needs above his or her own needs.

I hope this informational is helpful to you.

Tawni L. Cummings, Esq.

The Harris Law Firm, P.C.

www.harrisfamilylaw.com

DISCLAIMER: No attorney - client relationship exists, or is in any way created by, this e-mail communication. The general information given is intended to be a starting point only by describing general aspects of the law - it is important that you consult with an attorney with regard to your specific legal rights.