It’s not easy to get sole or full child custody in all states, but the state of Colorado makes it especially challenging. According to the Colorado Revised Statutes, children must have meaningful and frequent contact with their parents even after a divorce.
Your ideal recourse to get full child custody is to prove without a doubt that the other parent isn’t fit to have custody of your child and that his or her “bad” behavior would get in the way of caring for your child properly.
Here’s what you need to do:
If you don’t have physical custody of your child, allow a certified inspector to assess your living environment to see if it’s appropriate and safe for your child.
With help from an experienced lawyer, prepare your motion requesting that you’re seeking full child custody and file it with the court.
Be sure to attach the results of the assessment if you don’t have physical custody of your child.
Your motion must include specific reasons you should be granted full child custody in Denver or any other area in Colorado.
According to Colorado statutes, viable reasons include the other parent’s inability to provide and maintain a lifestyle fit to appropriate and healthy parenting; your child is being neglected, and the other parent’s inability to make responsible and reasonable decisions for your child.
Request the court to order a home study of the other parent’s home.
You should likewise collect proof that fully supports your reasons for requesting sole custody, which could include police records, school records, witness testimonies, photos, and videos.
Be sure to attend the child custody trial scheduled by the court.
It’s also important to note that you’re more likely to get sole custody if your child is very young and if you’ve always been his or her primary caregiver. Likewise, the court would consider your child’s preference, provided he or she is mature enough. But this doesn’t automatically mean that the court would grant you sole custody. The court would still have to consider the child’s best interests.
Additionally, since courts are generally reluctant to restrict a child’s relationship and wellbeing to only one parent, except in circumstances where there’s undeniable proof of negligence, criminal activity, domestic violence, and substance abuse problems, you should have an attorney by your side to help and guide you.