Steps to take while seeking to win a child custody case

When a parent loses custody of a child — whether through a divorce or other reasons — it takes a heavy emotional toll on him or her. There may be ways to regain at least partial child custody that may or may not involve pursing those rights in court. Colorado parents who are facing this challenging time may keep a few suggestions in mind that could help guide them.

If one has lost custody due to parental behaviors or the inability to provide a suitable home, one of the first steps is to correct the problem and secure a suitable living environment. In some circumstances, it may be possible to enter into negotiations with the other parent that may allow one to regain parenting time. However, this may not be possible for many parents, thereby requiring the parent to pursue custody rights through litigation. Once this has been initiated, the parent may be best served by presenting an appropriate appearance to the family court judge.

During these proceedings, children who are considered mature enough may have a say in the matter. If a court determines that another parent influenced the child’s decision, then it may disregard the minor’s statements. Likewise, if one parent speaks ill of the other, a judge may find that the child may not benefit from a change in the current custody plan.

If a parent is denied physical custody of a child, it may be unlikely that a court would award legal custody as well — especially if a parent is determined to be unfit to be permitted physical child custody. In the eyes of the court, the best interest of a child must take precedence of the wishes of the parents involved. Colorado parents who are unable to work out a parenting agreement on their own may choose to enlist the help of an attorney who is focused on these types of family law matters.