Law Office of Lori Crystal, LLC Nov. 25, 2019

Coloradans who are going through a divorce will likely face many challenges throughout the process. That can include property and asset division, determining child support, spousal support and more. One of the most complicated and emotionally draining aspects of family law is parenting time, also referred to as visitation rights. When the court decides on parenting time or the parents come to a negotiated settlement that must be approved by the court, the best interests of the child are paramount. Understanding the law is imperative throughout the case.

The child’s well-being will be the most important factor in these determinations. If there are allegations of any form of abuse, this will be a mitigating consideration when deciding on parenting time. Aside from that, the court will weigh various relevant factors when deciding on how parenting time will be allocated. That includes: the parents’ desires regarding parenting time; the child’s preferences if he or she is deemed to be of sufficient maturity to express that preference; how the child interacts with the parents, siblings and anyone else who might be part of serving the child’s best interests; and how the child adjusts to the community, the home and school.

Other aspects that will be considered include: the mental and physical health of those who have a role in the child’s life; if the parents can foster a loving and affectionate relationship with sufficient contact between the child and the other parent; if there has been previous involvement and support for the child; where the parents live in relation to one another; and if the parents show the willingness and ability to place the child’s needs above their own.

In a best-case scenario, parents will have a cordial enough relationship that they can discuss the child’s needs and adhere to them with custody and visitation. However, that is not always possible. Regardless of the relationship between the parents, the child’s interests should be key. Even in cases where the parents are on good terms, it is beneficial to have legal help. It is especially important in situations that are acrimonious or there are allegations of abuse. A law firm that is experienced in divorce and parenting time issues should be contacted for help.