Scott Baroway Mediation Partners

720-889-2808Baroway@gmail.com

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