scott baroway mediation partners 720-889-2808 [email protected] parental responsibilities
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“Legal Custody” – Abolished in Colorado Now -Parental Responsibilities(joint responsibility to be a parent)
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Parental ResponsibilitiesC.R.S. 14-10-123
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Instead of “Custody”, Colorado recognizes “Parental Responsibilities”
Intended to eliminate the sense of ownership of children by a parent
Focus parents on their ongoing responsibilities to their children
Separate issues:Parenting TimeDecision Making Responsibilities
RETURN TO “ALL ABOUT” SERIES SLIDE
Issues To Be Decided
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Parenting Plan (2 core separate areas)Parenting Time - Time spent with each parentDecision Making - authority on various issues
Practical DetailsFlexibility
Parenting Plan Check List
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Who makes issue decisions
Where is child’s primary residence
ScheduleWhen is child at Mom’s
house/Dad’s house Holidays
With which parent Vacations
When are the “vacations” with each parent
TransportationWho drives when/where
HealthWho decides/makes/takes
for appointments Schooling
Who decides/take part in placement/activities
Communication Who contacts whom, when
EmergenciesWhat are the back-up plans
Extended familiesHow are they part of the
child’s life Other issues unique to the
situation
Parenting Time
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How much time do the children spend with each parent
Does it fit within the parents lifestyleWhat is today’s planWhen does the plan change
Periodic reviewsExisting plan not working
Practical Issues
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Details—why they are importantAvoid future conflictsProvide consistency and sense of security for
childrenProvides a schedule for parents and children
to organize their lives around.Even children need to know their “schedule.”
Flexibility Children’s needs change over timeParent’s needs change over time
Ages And Stages:Different schedule needs
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PreschoolersComfort and consistency Frequent contact with each parent
School-age childrenSchedules and predictabilityIndependent school, recreational, and social
commitmentsTeenagers
Support and supervisionLives become centered on their peers, not
the family
Houses And Rules—Same, Similar Or Different?
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RulesSame rules—easiest for the childrenSimilar rules—can workDifferent rules—may cause problems, if parents let
it by openly failing to respect others’ house rules.Two houses can operate differently but
Try to agree on major rulesDon’t let children manipulate youAsk other parent only if children report something
worrisomeTwo houses requires extra courtesiesParents need to communicate openly and
frequently
Special Children—Special Needs
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Children with talents or limitations may need special servicesWho will make the decisions about special
programs and treatment?How will the decisions be made?How will they receive the services they need?
Parenting TimeStatutory Factors-(page 1)
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Desires of Parents Desire of Child IF “sufficiently mature to express
reasoned and independent preferences” Interactions and interrelationships of the child with his
parents, and any other person who may significantly affect the child’s best interest
Child’s adjustment to home, school, and community Mental and physical health of each
Disability alone will not be basis to deny or restrict time Ability of each to encourage love, affection, and contact
with other party Past pattern of parties to reflect system of values, time
commitment, and mutual support
Parenting Time –Statutory Factors (page 2)
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Physical proximity to each other as it relates to practical considerations
Ability of each party place needs of child ahead of their personal needs
Is one party 18-6-401 perpetrator of abuse or neglect supported by credible evidence?
Is one a perpetrator of spousal abuse supported by credible evidence?
Parenting TimeStatutory Excluded Factors(cannot consider)
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Cannot Consider a parties conduct that does not affect parties relationship with child.
No presumption that any person is better able to serve as parent due to gender.
No prejudice to the fact that a party requested genetic testing.
If party leaves due to abuse, such absence shall not be a factor.
Decision Making
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Second part of Parental Responsibility Plan
NOT SAME AS PARENTING TIME
Decision MakingStatutory Factors – (page 1)
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Credible evidence of ability of parties to cooperate and make joint decisions
Past pattern of involvement reflecting ability as mutual decision makers to provide positive and nourishing relationship with child
Whether allocation of mutual responsibility on one or more issues will promote frequent contact with both parties and child
One party 18-6-401 perpetrator of abuse or neglect supported by credible evidence IF SO – it SHALL NOT be in best interest to have
mutual decision making on any issue over objection of other party
Decision MakingStatutory Factors – (page 2)
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Perpetrator of spousal abuseIF SO – it SHALL NOT be in best interest to
have mutual decision making on any issue over objection of other party…unless (court finding)
Additional Issues
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Are parents capable and open to hear and understand children’s wishes
Emergency Medical Treatment (C.R.S. 14-10-124(6))
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Decision Making authority rests with BOTH by statute without it being a violation of an order to the contrary.
PARENTING PLAN
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Written document provides the default or baseline for all parties to follow.
Parents may modify by agreement of both parties anytime.
Provides framework to plan life around for both the parents and the children.
Parenting Plan Contents
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Decision Making Primary Residence Schools Religion Medical providers Regular parenting time Holidays Vacations Transportation Terms and conditions for
making up parenting time Provisions concerning
conflict in schedule
Parenting time exchanges Extracurricular activities Future dispute resolution Right of first refusal – if other
busy Telephone/ correspondence
contact Emergencies Modifications as young kids
get older Communication about events Provision for parenting time of
each child