Allocation Of Parental Rights Colorado
Allocation of Parental Rights addresses parenting time and responsibilities as far as child custody and visitation issues are concerned. APR helps determine parenting time and decision making in Colorado when parents are divorcing or were never married. However, an APR action may be useful in some rare cases where married parents do not want to divorce, but want clarity on parental rights and responsibilities concerning their child.
An APR action can clarify whom the child should be with on designated times and dates. In other words, it helps determine day visitation schedules, vacation and holiday schedules, and pick-up and drop-off arrangements. It not only eliminates confusion but also makes it easier for a parent to return to court if the other parent does not stick to the times and dates set by an APR action. An APR action also ensures that the child gets access to both parents irrespective of whether the parents had a bitter divorce or an amicable divorce. This is because there have been situations where one parent tries to prevent the other parent from spending time with their children out of spite.
How The Court Determines Parenting Time
Colorado courts make decisions for parenting time based on the best interests of the child. Some of the factors the court looks at before giving an order include:
- Wishes of the child if the child is mature enough not to be manipulated by either parent
- Reasons given by the parents about their preferred parenting time
- The child’s relationship with the parents or siblings
- Ability of the parties to encourage love, affection, and contact between the child and the other parent
- Where each parent lives for logistical reasons
- History of child abuse or neglect by one of the parties and more
- Mental and physical health of both parents and the child and more
Knowing your decision making rights when getting a divorce or when you are not married to the other parent is important if you want to help in molding your child into a responsible citizen. This includes making decisions about the child’s education, religion, physical and mental health, and extracurricular activities. A court can award both parents or only one parent decision making responsibilities based on a number of factors.
Some of the factors the court considers include the ability of the parents to cooperate when making decisions jointly, and whether giving parents ability to make decisions together will increase contact between the child and the parents. If one of the parents has a history of child abuse or neglect, then all the decision making responsibilities may be awarded to the other parent.
The Child’s Best Interests
A judge will always consider the child’s best interests before issuing an order on parenting time or decision making. The main motivation here is that the child continues enjoying consistency and comfort after the divorce just like the child did when the parents were married. So, in most cases the parent’s often have to adjust their schedules and how they spend their income according to the child’s best interests.