031: How Do I Get My Child’s Voice Heard? Picking the Right Child Advocate in Child Custody Cases in Colorado

Parents often want their children’s voices to be heard during the divorce process. However, how that happens can vary greatly depending on the family’s situation.

On this episode of Children First Family Law, Krista explains the “best interests” standard in Colorado and what families can expect regarding their child’s voice being heard in court. She outlines the nine factors Colorado uses to determine parenting time allocation, including considerations of factors used in allocating decision-making in a no-fault divorce state. Krista shares specific situations, such as alcohol or drug abuse or domestic violence, that can elevate a child’s voice in these scenarios, the ideal scenario for parenting time versus what often occurs, and ways a therapist can be utilized in a divorce case. She defines the roles of Child and Family Investigators (CFIs) and Parental Responsibilities Evaluators (PREs), as well as the drawbacks of involving either of them in a case. Finally, Krista explains how you can benefit from a child’s best interests attorney (Child’s Legal Representative or “CLR”) to attempt to curate solutions alongside parents and professionals involved in your case while representing the best interests of the child as an attorney advocate who obtains and considers the child’s wishes

Divorce can be messy and traumatic for everyone involved. Keeping your child’s best interests at the forefront and hiring qualified professionals can make the process smoother, making it more manageable for everyone.

In this episode, you will hear:

• The use of the “best interests” standard in Colorado
• Ensuring a child’s voice is heard in the court while avoiding an adversarial approach to the other parent
• Colorado’s implementation of nine factors to determine parenting time allocation, including:
  • Parents’ wishes
  • Child’s wishes
  • The relationship between the child and parents, siblings, and any other person who significantly affects the child's best interests
  • The child’s adjustment to home, school, and community
  • The mental and physical health of everyone involved
  • The parties’ ability to encourage the sharing of love, affection, and contact between the child and the other parent
  • Whether the parties’ past involvement shows a system of values, time commitment, and mutual support
  • How far apart the parties live
  • The ability of each party to place the needs of the child ahead of their own needs
• How no-fault divorce impacts considerations of parenting time and decision-making
• Alcohol abuse, drug abuse, and domestic violence, and Colorado’s statute that indicates a child’s voice should have strong consideration in these situations
• The ideal scenario for parenting time versus what often occurs
• A movement in Colorado toward children over 12 years old to become more actively involved in court proceedings and hearings in the dependency and neglect courts but not so much in domestic/divorce courts
• Ways a therapist can be used in court proceedings
• Bringing in witnesses to testify to what’s best for the child
• The role of Child and Family Investigators (CFIs) in Colorado, their requirements, their cost, and how they can impact the parenting dynamic
• The role of Parental Responsibilities Evaluators (PREs), who can do everything a CFI can, plus do deeper analysis including psychological testing of parents
• The downsides of bringing in CFIs and PREs
• The benefits of a child's best interest attorney or Child Legal Representative (CLR), who they represent, the requirements they must meet, what they can and cannot do, and what they cost
• A CLR’s ability to curate the right people to work with the parties involved in the case
• When you should pursue a child advocate and why you shouldn’t wait too long

Resources from this Episode

www.childrenfirstfamilylaw.com

All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 

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