How to Get Full Custody of Your Child

It’s natural for parents to feel protective of their child during a divorce, especially when one parent is concerned about the other’s ability to follow the terms of a joint custody agreement. 

While Colorado family courts try to establish custody arrangements that keep both parents involved in a child’s life, there are situations where joint custody may not be appropriate. 

In this article, you will learn how to get full custody of your child by adhering to these important legal insights. 

Child custody, now called parenting time, determines parental rights and responsibilities, including the child’s living arrangements and who has the authority to make important decisions about their upbringing.  Legal custody, now called decision-making authority, pertains to major life matters like education or health care, while physical custody addresses the child’s daily care and residency. The court can order only one parent or both legal and physical custody.

Sole custody grants one parent exclusive legal and physical authority to raise their children. This arrangement empowers the custodial parent to decide what school their child attends, what doctor their child visits, and other critical decisions that impact the child’s life, such as religion. 

Colorado law requires family courts to base custody determinations on the child’s best interests. Parents are typically awarded sole custody when co-parenting poses a clear threat to the child’s safety and well-being. C.R.S. 14-10-124

In contrast, joint custody arrangements see both parents sharing legal and/or physical custody. The courts tend to favor these arrangements, as they’re more likely to guarantee both parents’ continued involvement in the child’s life. Joint custody requires parental cooperation, communication, and compromise to be successful. 

Generally, both parents share decision-making if they have joint legal custody.  However, there are instances when parenting time is not evenly split and parents still have the same rights regarding decision-making. 

For instance, the court may award parents joint custody but give one parent sole decision-making about one specific area of the child’s life.

What Courts Look For: Factors Influencing Custody

The court only awards full custody if it’s in the best interests of the child. That legal standard is based on  various factors, including:

• The parents’ wishes

• The child’s wishes, if they’re considered mature enough

• The child’s relationship with their parents, siblings, and other people who are fixtures in their lives

• Reports of domestic violence

• The child's adjustment to their home, school, or community

• The mental and  physical well-being of everyone involved

• Each parent’s ability to encourage their child to have a relationship with the other parent

• Whether the parent's involvement with the child reflects a system of values, commitment, and support

• How close the parents live together

• Whether the parent can put the child’s needs first C.R.S. § 14-10-124

The court also takes into account the following:

• Parental Fitness: The court will ascertain if the parent’s employment, health, and lifestyle are conducive to a stable and nurturing home.

• Parent Participation: Is the parent actively involved in their child’s life? Demonstrating your attendance at school functions, extracurricular activities, doctor’s appointments, and other events is good evidence to show you play a deciding role in the child’s life.

• History of Neglect: A pattern of substance abuse, abuse, or neglect can result in a parent losing visitation rights.

Additionally, you’ll want to consider what can be used against you in a custody battle to strengthen your case.

The path to getting full custody in Colorado isn’t easy, but following the legal process is important to developing a strong case. A child custody attorney can help you each step of the way to bolster your chances of a favorable outcome. 

Getting full custody in Colorado isn’t easy, but following the legal process is essential to developing a strong case. A child custody attorney can help you every step of the way to bolster your chances of a favorable outcome. 

Your petition for sole custody should include a sworn statement with detailed information about the child, such as their name, date of birth, gender, and address, along with the other parent’s name and address. 

The petition must also disclose any prior custody determinations, risk factors for abduction, and history related to domestic violence, child abuse, or stalking, including any arrests. You should also include a copy of any current custody order. C.R.S. 14-10-129; C.R.S. 14-13.5-106

You must file your petition in the appropriate court. You will most likely file in the county where the child lives. Following the filing, the court will issue a summons to the child’s other parent, guardian, or legal custodian. 

Unless otherwise specified, the respondent has 21 days to issue a response. Failure to respond by the deadline could result in suspending parental rights. 

Next, the court will hold a temporary custody hearing to consider urgent needs to ensure the child’s safety and welfare. 

The court may implement protective measures such as issuing temporary orders for parenting time and decision-making responsibilities. 

In cases where compelling evidence of abuse or neglect allegations exists, the court could temporarily restrict parenting time, prohibit unsupervised parenting time, and limit visitation. It’s common for a Child and Family Investigator (CFI) to evaluate these situations. 

In Colorado custody battles, courts commonly require parents to attend mediation unless abuse or other serious concerns exist. The goal is for parents to create or revise a parenting plan and resolve parenting time disagreements without prolonged litigation. 

Parents can object to mediation within five days of the court’s order if they have a justifiable reason.

At trial, the court will seek to determine the allocation of parental responsibilities, including custody and parenting time, based on the child’s best interest. The trial is conducted without a jury, and the court decides. C.R.S. 14-10-124

If one party lives in another state, the court may direct that party to make arrangements to appear in person. To prepare for trial, the court may allow an out-of-state party to submit authenticated recorded testimony. C.R.S. 14-10-124; C.R.S. 14-13-210

The judge will likely make oral remarks at the conclusion of the hearing. However, these statements do not amount to a final order. The court will issue a final written court order within 35 days of the trial. 

Custody decisions are considered final but appealable. In cases where dependency and neglect played a role in the judge’s decision, you must initiate the appellate process within 49 days from the date of the final written order. 

An appeal must be based on errors of fact or law as documented in the trial court record. C.R.S. 19-3-609

Unless a significant change in circumstances necessitates it, Colorado courts will not approve modifications seeking to alter existing custody orders substantially. C.R.S. § 14-10-129

Significant changes to custody are typically not considered in a child’s best interest for various reasons. However, the court would consider the request in cases where the petitioner can determine that the benefits outweigh the harms. The court would consider a request if the current environment the child is in endangers their health or emotional development. C.R.S. § 14-10-131(2)(c)29(2)(d)

Case Example: Court Agrees Substantial Changes to Custody Needed

In a Moffat County case, the father asked the court to change the parenting time order significantly and award him sole decision-making responsibility.

Court Takes Abuse Allegations Seriously

A child family investigator (CFI) testified that the children in this case did not feel safe in their mother’s home because she “continuously” isolated and degraded them. Additionally, both children told the CFI that the stepfather hit them with an open hand and dragged one of the children by their hair. In re Marriage of Wenciker, 2022 COA 74, ¶ 27, 519 P.3d 381, 386 

The CFI testified that the mother decided to remove the children from school so she could teach them at home without talking with their father. However, the mother never followed through with homeschooling, allowing the children to fall behind academically.

Taking the CFI’s testimony to heart, the court granted the father sole decision-making responsibility over the children.

If the parent with sole residential custody wishes to move out of Colorado with the child, the custodial parent must provide the court with a sensible reason for the relocation. If the custodial parent satisfies this requirement, the court will determine whether the move is within the child’s best interests. 

If the courts determine the move is within the child’s best interests, it becomes the non-custodial parent’s burden to present a strong counterargument to oppose it. 

Colorado law assumes parents have the right to a relationship with their child. Therefore, the courts will only terminate parental rights when there is clear and convincing evidence that the parent cannot provide their child a safe, stable environment.

Grounds for terminating parental rights may include:

• child abandonment

• parental unfitness based on behavioral or mental health disorders is unlikely to improve

• parental negligence that has resulted in the death of a sibling

• physical abuse resulting in serious harm or child disfigurement 

• sexual abuse of the child

• failure to comply with court-ordered treatment or court order noncompliance C.R.S. 19-3-604

Colorado courts are required to consider less drastic measures before terminating a parent’s rights. Thus, the court reserves this action for circumstances where all other possibilities have been exhausted. 

If you have legitimate suspicions that your child’s other parent is endangering them, or it is otherwise not in the child's best interest to remain with them, our family law attorneys can help you seek sole custody. Call 303-688-0944 today to begin your case assessment.

Understandably, you may be reluctant to have a stranger observe you interacting with your children in your home. Remember that a court-appointed Child and Family Investigator (CFI) can benefit your request for full custody. Be sure to cooperate with the CFI. Provide any requested information, comply with home visits, and participate in their interviews.

It’s natural to shield your child from the negative aspects of their other parent. In fact, in Colorado, co-parents are supposed to support their child's relationship with their other parent. But when your ex puts your child’s well-being at risk, filing for sole custody may be your only option. Your child will likely experience a range of emotions as they try to process the circumstances. A licensed therapist can help your child make sense of what’s happening in an age-appropriate way.

You can appeal the order if you believe the court made an error about the law or facts of the case. An example is the judge incorrectly interpreted a statute or allowed evidence that should have been excluded.  You have 49 days from the day the court filed the final order to file an appeal. A child custody attorney can also file a motion to modify parenting time regarding unfavorable existing orders.