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Parental Responsibilities

Parental Responsibilities. Scott Baroway Mediation Partners 720-889-2808 Baroway@gmail.com. DISCLAIMER.

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Parental Responsibilities

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  1. Parental Responsibilities Scott Baroway Mediation Partners 720-889-2808 Baroway@gmail.com

  2. DISCLAIMER • No legal advice is given in this website. Nothing said in this website shall in anyway constitutes legal advice. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. All information presented is for informative purposes only and should not be considered legal advice in any way. Additionally, no attorney-client relationship is established by viewing any information on this website. If you believe you are here to get legal advice in any way, you should leave now. THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. • No Warranties or Guaranties are made regarding accuracy of the information provided.

  3. “Legal Custody” – Abolished in ColoradoNow -Parental Responsibilities(joint responsibility to be a parent)

  4. Parental ResponsibilitiesC.R.S. 14-10-123 • 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 Time • Decision Making Responsibilities RETURN TO “ALL ABOUT” SERIES SLIDE

  5. Issues To Be Decided • Parenting Plan (2 core separate areas) • Parenting Time - Time spent with each parent • Decision Making - authority on various issues • Practical • Details • Flexibility

  6. Parenting Plan Check List • Who makes issue decisions • Where is child’s primary residence • Schedule • When is child at Mom’s house/Dad’s house • Holidays • With which parent • Vacations • When are the “vacations” with each parent • Transportation • Who drives when/where • Health • Who decides/makes/takes for appointments • Schooling • Who decides/take part in placement/activities • Communication • Who contacts whom, when • Emergencies • What are the back-up plans • Extended families • How are they part of the child’s life • Other issues unique to the situation

  7. Parenting Time • How much time do the children spend with each parent • Does it fit within the parents lifestyle • What is today’s plan • When does the plan change • Periodic reviews • Existing plan not working

  8. Practical Issues • Details—why they are important • Avoid future conflicts • Provide consistency and sense of security for children • Provides a schedule for parents and children to organize their lives around. • Even children need to know their “schedule.” • Flexibility • Children’s needs change over time • Parent’s needs change over time

  9. Ages And Stages:Different schedule needs • Preschoolers • Comfort and consistency • Frequent contact with each parent • School-age children • Schedules and predictability • Independent school, recreational, and social commitments • Teenagers • Support and supervision • Lives become centered on their peers, not the family

  10. Houses And Rules—Same, Similar Or Different? • Rules • Same rules—easiest for the children • Similar rules—can work • Different 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 rules • Don’t let children manipulate you • Ask other parent only if children report something worrisome • Two houses requires extra courtesies • Parents need to communicate openly and frequently

  11. Special Children—Special Needs • Children with talents or limitations may need special services • Who will make the decisions about special programs and treatment? • How will the decisions be made? • How will they receive the services they need?

  12. Parenting TimeStatutory Factors-(page 1) • 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

  13. Parenting Time –Statutory Factors (page 2) • 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?

  14. Parenting TimeStatutory Excluded Factors(cannot consider) • 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.

  15. Decision Making • Second part of Parental Responsibility Plan • NOT SAME AS PARENTING TIME

  16. Decision MakingStatutory Factors – (page 1) • 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

  17. Decision MakingStatutory Factors – (page 2) • Perpetrator of spousal abuse • IF SO – it SHALL NOT be in best interest to have mutual decision making on any issue over objection of other party…unless (court finding)

  18. Additional Issues • Are parents capable and open to hear and understand children’s wishes

  19. Emergency Medical Treatment (C.R.S. 14-10-124(6)) • Decision Making authority rests with BOTH by statute without it being a violation of an order to the contrary.

  20. PARENTING PLAN • 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.

  21. Parenting Plan Contents • 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

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