Custody Case Basics
You will learn:
1. What happens in this case.
2. When you can file.
3. Tips for surviving.
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.
2. Can you File?
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When Can You File?
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- 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.
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Who Can File?
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- 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.
3. Terms
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Allocation of Parental Responsibilities (APR)
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The formal legal name for a custody case.
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Jurisdiction
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The legal qualifications needed for a Court to be able to help your family.
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Standing
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The legal qualifications needed for a person to start or participate in a custody case.
4. Be Kind
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Do No Harm
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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.
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A Time of Stress
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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.