The majority of felony convictions have no direct impact on child custody. According to Colorado custody law, family court judges must award parental responsibilities (including decision-making abilities and time spent with the children) based on the best interests of the children. Therefore, if you have a criminal history, it will influence what type of visitation you will be granted.
In some cases, the conviction may even disqualify you from receiving any type of visitation at all. If this happens, your rights as a parent will be completely eliminated without any further hearing before the court. It is important to fight for your rights as a parent in such cases; otherwise, you might not get to see your children at all.
Convictions that do have an effect on child custody include:
A felony conviction for violence against a person can affect visitation with young children, depending on the type of crime committed. If you were found guilty of domestic violence against another household member, chances are you will not be able to visit unless there is a change of circumstances. Such as mediation or education programs completed.
Criminal neglect of a minor or abuse/neglect of an elderly individual can also prohibit you from seeing your children. If you were found guilty of these crimes, you could be prohibited from visiting or removing your children from the state without a court order.
Colorado family law attorneys answer frequently asked questions about child custody in Colorado. There are no hard and fast regulations about who will automatically be granted custody of the children. There are statutory elements that the court must take into account when making a judgment involving minor children. These include the parents' wishes, their abilities to care for the children, and the needs of the children. The court also looks at the amount of time the children have spent with each parent, how this affected the children, and other factors.
In general, mothers are considered to have parental rights over their children. This means that they are entitled to legal custody of the children. Legal custody means that the mother has the right to make important decisions regarding the children's healthcare, education, religion, and welfare. However, fathers are not given exclusive custody of the children. A mother can give up her right to custody by signing adoption papers or agreeing to let the father have custody of the child. A father can lose his right to custody if he fails to provide support for the child or becomes unfit because of alcohol or drug addiction.
If a couple cannot come to an agreement about custody of their children, then the court will hold a hearing to decide what type of custody arrangement is best for the children. At this hearing, the parties will be allowed to present evidence on the issues before the judge.
The Different Types of Offenses That Affect Child Custody Cases Convictions for assaults, domestic violence, battery, weapons charges, stalking, and drug convictions are major concerns for the courts when determining custody and visitation. These actions suggest a dangerous environment for the kid and can have major consequences for your custody rights. Issues with alcohol or drug use by either parent can also be cause for denial of custody.
Child abuse or neglect cases may result in an order for protective services. This means that the child will be placed in foster care until it is determined that the threat to their well-being has been resolved.
Divorce proceedings can also affect custody decisions. If one parent obtains a divorce, they will usually receive custody of the children. The other parent may be granted visitation rights or joint custody. Joint custody means that the parents share decision-making about important things like education, religion, and health care. It does not mean that they make the same choices for their child.
Age differences between parents can also impact custody awards. If one parent is older than the other, this could be taken into account when making a decision. For example, if there is evidence that shows that the older parent can provide the child with a stable home environment, then it might be recommended that they get custody.
Gender is also a factor that can influence custody decisions.
Wishes of a Child In Colorado, a child's desires are taken into account while determining child custody. If the youngster is grown enough to have an independent viewpoint, the court will listen to him or her. Unlike in many other jurisdictions, there is no minimum age at which the judge must consider the child's desires. If the child is able to express himself or herself, the court will take their views into account.
In general, children want to live with their parents and should not be moved from one location to another. However, if this is not possible because of work or other reasons, then the best interest of the child can be met by changing his or her residence. The court will look at several factors when making its decision on child custody. These include the wishes of the child, each parent's ability to provide for the needs of the child, how much time each parent spends with the child, etc.
Parents who are unable to share custody of their child may request that one parent have permanent sole custody. This means that one parent would receive full legal rights and responsibilities concerning the child. The other parent would still have some rights and responsibilities, but only during visitation periods established by the court. If this happens, it is important to discuss your options with an attorney before the hearing occurs so that you do not waive any rights.