divorce lawyers in colorado springs
Child Custody

Colorado Springs Child Custody Lawyer

Protecting the Legal Parenting Rights of You & Your Family in El Paso County

Child custody – also known as allocation of parental responsibilities – determines where your children will live and who will make important decisions for the child.

Although child custody issues often arise in the divorce process, it is common for parents to be unprepared for what comes next. This is because conversations about child custody often result in heated conflicts. (There's a reason why these cases are often referred to as child custody battles.)

At the Law Office of Greg Quimby, P.C., our Colorado Springs child custody attorneys have decades of combined legal experience helping clients resolve disputes as efficiently and as amicably as possible. While we take pride in our negotiation skills, approaching every child custody case with compassion, we will not back down should the matter need to be taken to court. Our firm will do everything we can to protect your rights as a parent and your child's best interests.

If you need legal representation for disputes, please contact us for a FREE consultation with our child custody lawyers serving El Paso County.

How Is Child Custody Determined in Colorado Springs?

Colorado uses the standard of the child’s best interests when making legal decisions regarding the allocation of parenting time and decision-making responsibilities.

A judge will consider numerous factors, including:

  • Both parents' wishes
  • The children's wishes
  • Whether the children would have a difficult time adjusting to a new neighborhood or school

At What Age Can Children Decide Which Parent To Live With?

Although family courts will factor in an older child’s wishes when determining custody laws, the decision is ultimately left to what the judge believes is in the child’s best interests.

A child between the ages of 12 and 14 will be asked which parent they would prefer to live with the most.

Child Custody Arrangements in Colorado Springs

There are two aspects in Colorado custody cases: parenting time and decision-making responsibilities.

Decision-making responsibility includes the authority to make decisions about:

  • Education
  • Religious upbringing
  • Medical decisions
  • Driving
  • Dating
  • Discipline
  • Body piercing or tattoos

Is Colorado a "Mom" State?

Does Colorado typically grant custody to the mother or father?

The answer is neither.

According to state family law, neither parent is favored. Both are encouraged to share parenting responsibility and custody equally.

Can a Father Take a Child Away From the Mother in Colorado?

A father can take a child away from the mother in Colorado if he has a court order granting him custody. If he does not have a court order, he may still be able to take the child away if he can show that it is in the child's best interests. 

For example, if the mother is unfit to care for the child, the father may be able to take the child away without a court order. However, it is essential to note that taking a child away from the mother without a court order is considered kidnapping. 

Furthermore, if the father is caught, he could be arrested and charged with a crime. It is, therefore, essential to consult with our attorney before taking action.

Is Colorado a 50/50 Child Custody State?

The courts generally prefer ordering joint decision-making arrangements, wherein both parents have the right to make decisions on their child’s behalf.

However, 50/50 physical custody may be more difficult to implement, especially if one parent lives in another state. In that case, one parent would have sole physical guardianship, while the other parent would have parenting time (also known as visitation rights).

A Colorado Springs family court may order sole decision-making rights to one parent if there is a valid reason, such as a history of domestic violence.

Whenever possible, agreeing on custody arrangements with the other parent of your child is preferable to letting the court decide for you. For instance, if parents cannot agree on a parenting schedule, the family court will create a schedule for them.

What Is Considered an Unfit Parent in Colorado?

Whether or not a parent is considered unfit will also affect custody arrangements.

In Colorado, the consideration for a parent to be unfit is if they cannot fulfill their child's needs or endanger the child's physical or emotional well-being. Some examples include:

  • Physical or sexual child abuse
  • Any form of child neglect
  • Any history of violence or sexual assault, if any, from either parent 

Can a Stepparent Get Custody in Colorado?

In Colorado, stepparents can pursue custody, but the process and likelihood of success depend on various factors and circumstances. Stepparents often play a significant role in a child's life, and there are situations where they may seek legal rights and responsibilities, including custody.

  • Consent of Biological Parents: Ideally, for a stepparent to obtain custody, both biological parents (including the custodial parent) should consent to the arrangement. The court generally prefers to maintain the parent-child relationship unless it is deemed detrimental to the child.
  • Best Interest of the Child: The court's primary consideration is always the best interest of the child. If granting custody to the stepparent is in the child's best interest, the court may approve the arrangement.
  • Relationship and Involvement: The depth and duration of the relationship between the stepparent and the child, as well as the level of involvement in the child's life, are crucial factors. A strong and positive relationship can bolster the stepparent's case for custody.
  • Parental Unfitness or Consent: If a biological parent is deemed unfit or unable to care for the child, or willingly consents to the stepparent taking custody, the court may be more inclined to grant custody to the stepparent.
  • Legal Process: Stepparents typically need to go through the legal process, which involves filing a petition for custody, presenting evidence of their relationship with the child, and demonstrating how granting custody is in the child's best interest.

While stepparents can seek custody in Colorado, navigating the legal complexities is crucial. Consulting with a Colorado Springs child custody attorney to understand the specific laws and procedures related to stepparent custody can greatly assist in making informed decisions.

What Happens if a Child Refuses to See a Parent in Colorado?

If he or she is mature and old enough, custody laws allow children to refuse parenting time or a court-ordered visitation. This may occur at many different ages but typically starts at the age of 14.

Hire Experienced Child Custody Attorneys in Colorado Springs

Attorney Greg Quimby and his team welcome you to schedule your initial consultation so that we can talk about your rights and options. Whether we represent you at the negotiating table or in the courtroom, our custody lawyers are committed to protecting you and your children’s rights.

We accept cases in:

  • Colorado Springs
  • Cimarron Hills
  • Security-Widefield
  • Monument
  • Woodland Park
  • Black Forest
  • Canon City
  • Fountain
  • Florissant
  • Douglas County
  • Fremont County
  • El Paso County

Contact our custody attorneys in El Paso County at (719) 212-4227 to get started on your case.


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  • I couldn't have asked for a better lawyer or a better support team throughout that most difficult time in my life.

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