Some of the reasons why Colorado has adopted the idea of Parenting Time/APR over Custody are:
- Using the word custody is inflammatory, it shows possession.
- Your kids shouldn’t be a possession, so why use a word that implies just that.
Here is how Allocation of Parental Rights works in Colorado:
- After APR is established by a judicial member, the both of you through attorneys or an agreement with a mediator the time spent with your kids is called Parenting Time. Again, not custody.
- Colorado Revised Statutes (CRS) 14-10-124 gives you the details regarding APR statute, Parenting Time.
I think there is a nicer tone to use APR and Parenting Time versus the old terminology custody.
Although you are certain that your home provides a better environment for your children to prosper, because, to be frank, the relationship didn’t work out between you and your spouse doesn’t make him or her a bad parent. It is very difficult to remove Allocation of Parental Rights (APR) from a parent even if you are certain that it is harmful to the children.
As you approach your separation or divorce, please do not use in any fashion the word custody. As stated above, it actually does not exist in Colorado, but above and beyond that, the word itself implies possession and certainly keeping your children’s mental state and well being in mind, trying to fight for “custody” is not a route that anyone ends up happy with.
If you would like to talk about your Parental Rights and work with your spouse towards an equitable agreement, please call me at 720 295 8224 or contact me.