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

When parents go through a divorce, one of their primary concerns is ensuring their children feel seen and heard. But how a child’s voice is considered in court can vary depending on the specific circumstances of the family. In this episode of Children First Family Law, Krista breaks down how Colorado applies the “best interest” standard when determining parenting time and decision-making. She walks through the nine legal factors the court evaluates, including how issues like substance abuse or domestic violence can impact the weight of a child’s voice. Krista also explains that while courts strive for ideal parenting time arrangements, real-life situations often necessitate adjustments, and understanding how to navigate those changes is crucial.

Krista offers insight into the roles of therapists in divorce cases, whether they are supporting the child emotionally or offering professional observations. She also outlines the differences between Child and Family Investigators (CFIs) and Parental Responsibilities Evaluators (PREs), as well as the potential drawbacks of involving them. Finally, she outlines how a best-interest attorney, or Child Legal Representative (CLR), can be a valuable resource for shaping the team of professionals involved in your case.

Krista covers the following topics more in-depth:

  • Colorado courts use nine specific factors to determine parenting time, including the wishes of the parents and child, the child’s adjustment to their environment, and each party’s ability to prioritize the child’s needs.
  • Because Colorado is a no-fault state, parenting time decisions focus solely on what directly affects the child, rather than on personal grievances between parents.
  • Therapists can offer behind-the-scenes feedback or testify in court, although some are unwilling to do so due to confidentiality concerns.
  • Witnesses, such as teachers or coaches, can testify about a child’s well-being, provided they refrain from presenting hearsay unless permitted to do so by law.
  • Child and Family Investigators (CFIs) are limited-fee investigators who can influence outcomes but often intensify conflict due to their narrow scope and strict procedural rules.
  • Parental Responsibilities Evaluators (PREs) conduct broader assessments than Child and Family Investigators (CFIs), including psychological testing, but these assessments are more costly and time-consuming.
  • Child’s best interest attorneys, Child Legal Representatives (CLRs) represent what’s best for the child, participate fully in court, and help reduce conflict, though they are not therapists and cannot offer expert opinions.

Divorce can be challenging in even the most amicable circumstances. Having the right professionals beside you as you navigate the proceedings can help you feel more confident in keeping your child’s best interests at the forefront.

If you want to learn more about The Children First Family Law Podcast, check out www.childrenfirstfamilylaw.com/how-do-i-get-my-childs-voice-heard-picking-the-right-child-advocate-in-child-custody-cases-in-colorado 

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