Key Takeaways:
- Colorado custody courts emphasize the “best interests of the child.”
- Children’s preferences hold weight but aren’t the sole factor in custody decisions.
- Multiple options exist to effectively present your child’s wishes, including informal approaches and formal advocates.
- Child Legal Representatives (CLRs) offer dynamic, ongoing support and adapt to evolving circumstances.
- Choosing the right advocate can significantly impact the outcome of your custody case and future family relationships.
Introduction
Navigating child custody disputes in Colorado can feel overwhelming, filled with uncertainty and stress. Krista Nash, a respected family law and divorce attorney at Children First Family Law, stresses the importance of properly incorporating a child’s voice into custody cases. Serving Denver, Lakewood, Arvada, Boulder, Colorado Springs, Greeley, and Pueblo, Krista provides insightful guidance to help families manage these sensitive situations effectively.
Understanding Colorado’s “Best Interests of the Child” Standard
In Colorado, custody decisions are guided by the “best interests of the child” standard. This comprehensive approach considers various critical factors such as:
- The wishes of each parent
- The child’s wishes, depending on their maturity
- The strength of relationships with parents, siblings, and significant others
- The child’s adaptability to home, school, and community environments
- Mental and physical health conditions of everyone involved
- Each parent’s capability to promote healthy relationships with the other parent
Krista advises, “These factors are designed to safeguard children’s welfare and development. Rather than resisting these considerations, parents should reflect carefully on how they meet them.”
Clarifying Misconceptions: Child’s Preferences in Custody Decisions
Krista often encounters the common misconception that children can directly choose their custody arrangements after reaching a specific age. She clarifies, “Colorado law does not allow children to decide custody simply based on age. While their opinions are valued, decisions rely on the entire context of their best interests.”
Informal Ways to Ensure Your Child’s Voice Is Heard
Direct Parental Communication
Open, direct conversations between parents and children remain ideal. Krista acknowledges, “While beneficial, this method demands a level of cooperation and emotional neutrality that might be challenging during a divorce.”
Judicial In-Camera Interviews
Requesting a private meeting between a judge and a child (in-camera interview) is an available but seldom-granted option. Krista warns, “Judges are reluctant to conduct these interviews due to potential stress and emotional harm to children involved in court proceedings.”
Therapist Contributions
Therapists can provide vital insights into a child’s emotional state and desires. Krista notes, “With the appropriate legal releases, therapists may testify. Yet, many therapists prefer avoiding testimony to preserve the integrity of their therapeutic relationship.”
Testimony from Collateral Witnesses
People close to the child, such as teachers, coaches, or relatives, can sometimes testify about the child’s situation. Krista emphasizes, “Hearsay rules in Colorado are strict, though certain exceptions—such as excited utterances or statements made for medical treatment—can sometimes apply.”
Formal Child Advocacy Options in Colorado
Child and Family Investigator (CFI)
CFIs conduct focused investigations into family dynamics and provide custody recommendations within a capped budget, typically around $3,250. Krista highlights the necessity of home visits and private interviews with children. CFIs deliver a thorough but static report, summarizing their findings and recommendations clearly for the court.
Parental Responsibilities Evaluator (PRE)
PREs provide comprehensive evaluations that include psychological assessments of parents, ideal for high-conflict or complicated custody cases involving severe parental disputes or mental health concerns. Due to their detailed nature, PRE evaluations are significantly more expensive, typically ranging from $20,000 to $35,000.
Child’s Legal Representative (CLR)
Krista strongly advocates for the CLR role due to its practical and dynamic nature. A CLR is an attorney who represents the child’s best interests—not just the child’s expressed wishes. Krista explains, “CLRs actively engage throughout the entire custody process, participating in negotiations, mediation, and court hearings, providing immediate and adaptive advocacy tailored to the child’s evolving needs.”
Benefits and Limitations of Different Advocacy Roles
CFIs and PREs are advantageous for providing detailed, admissible reports essential in complex custody disputes. However, these reports can inadvertently escalate tensions due to the detailed disclosures required. Conversely, CLRs offer a more adaptable, responsive form of advocacy, facilitating confidential, ongoing communication that can reduce conflict and foster cooperative parenting.
Specialized Handling: Domestic Violence and Child Abuse Cases
Custody cases involving allegations or histories of domestic violence or child abuse require especially sensitive management. Krista stresses the need for heightened advocacy and typically involves specialized therapeutic interventions. “Cases of abuse often necessitate direct judicial oversight and the involvement of highly trained child advocates and mental health professionals to protect the child’s safety and well-being,” Krista emphasizes.
Early Intervention Strategies: Pursuing an Amicable Divorce
Krista strongly recommends early intervention through amicable divorce options. Addressing custody proactively early in the divorce can prevent unnecessary emotional strain and conflict, save financial resources, and significantly shorten the overall divorce timeline. “Proactively addressing children’s needs and preferences at the outset helps guide the family toward peaceful resolutions,” she explains.
The Critical Importance of Choosing the Right Advocate
The advocate you choose can shape not only your custody outcome but your family’s future relationships. Krista underscores, “Selecting a suitable advocate is crucial to crafting long-term solutions that center around children’s welfare rather than short-term parental disputes.”
Real-life Impact: How the Right Advocate Makes a Difference
Krista shares experiences from her practice, illustrating how the right advocate can help de-escalate tensions and produce amicable custody solutions. “Many cases initially seem headed towards drawn-out litigation, but with a good advocate, parents often find common ground, significantly reducing emotional stress and financial costs,” Krista recounts.
Getting Expert Help for Child Custody in Colorado
Navigating child custody issues can be daunting, but you don’t have to face these challenges alone. Krista and the team at Children First Family Law provide compassionate, expert legal assistance tailored to your unique needs and circumstances. Serving Denver, Lakewood, Arvada, Boulder, Colorado Springs, Greeley, and Pueblo, Krista is committed to advocating for your child’s best interests.
Schedule your consultation today by calling (720) 252-9638 or visit Children First Family Law to book online. Let Krista Nash help you achieve a custody arrangement that protects and prioritizes your child’s voice and well-being.