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Step 1 - Basics

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Custody Case Basics

You will learn:

  • What happens in this case.
  • When you can file.
  • Tips for surviving.
Image of "child custody" spelled out in blocks and a child's hand.
Icon of child in two caring hands.

1.  What happens in a Case 

With your input, the Judge will:

  • Create a parenting time schedule for you and the other parent.
  • Determine who will make important life decisions for the child.
  • Figure out how much the child support payment will be.
  • Decide who will provide insurance for the child.
  • Choose who will claim the child on their tax return.
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2.  Can you File?

When Can You File?

  • No other family court cases exist in Colorado or any state.
  • The child must have lived in Colorado for the last 182 days.
  • One of the parents must have lived in Colorado for the last 91 days.

These are the qualifications to give the Court jurisdiction.

Who Can File?

  • A parent to the child.  Or,
  • A person other than a parent, if: 
    • The child is not in the physical care of a parent. Or,
    • The person took physical care of the child for at least 182 days. 
    • The case must be started within 182 days since the care stopped.

These are the qualifications to give someone standing.

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3.  Terms

Allocation of Parental Responsibilities (APR)

The formal legal name for a custody case.

Jurisdiction

The legal qualifications needed for a Court to be able to help your family.

Standing

The legal qualifications needed for a person to start or participate in a custody case.

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4.  Be Kind

Do No Harm

Avoid Emotional Harm

  • Don't talk badly about the other parent in front of the kids.
  • Don't harm the children's relationship with the other parent.

Decision Making

  • Intense emotions can cloud your thought process.
  • When emotions take over, it takes 20 to 30 minutes to calm down.
    • Take that time before making choices.  Or,
    • Wait until the next day to make a legal or other important decision.
  • With a calm mind, you can make decisions that are right for your family.

A Time of Stress

Find productive ways to manage your:

Stress

  • Get organized
  • Eat well
  • Get rest, and
  • Exercise.

Emotions

  • Develop a support system of adults.
  • Find positive ways to deal with tough emotions.

Disappointment

  • You won't get everything you want.
  • Get legal help, if possible, to make realistic requests.
  • Know that the Court has to make difficult decisions.
  • Find ways to express your emotions that do not harm your family.
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Next Steps

Next  –     File the Case  or    Respond to the Case

Go To  –    Case Overview