Child Custody

One of the most contested areas of family law is custody.  There is only so much time available to be split between parents.  If you need help fighting for your fair share of parenting time, then Ewert Law, child custody lawyers Fort Collins, can help.

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Two Separate Issues

for Child Custody Lawyers Fort Collins

Colorado law no longer recognizes the formal term of “custody.”  Instead, custody consists of two distinct and different areas:  parenting time and decision-making.

Parenting time is literally a determination of when the child or children will be with each parent.  Decision-making responsibility is about how the parents will make major decisions for the child in key areas like medical, education, and extracurriculars.

It is important to know that how a court decides these areas is based on different factors for each.  Details that might be important to parenting time may have less weight for decision-making, and vice versa.

At Ewert Law, we help you understand how the two areas work, and translate your wishes into practical parenting plans. Want to let us know how we’re doing? Leave us a review!


Colorado family courts consider many factors to determine parenting time and decision-making responsibilities in order to prioritize the child’s best interests. Understanding these factors can help you better prepare for your case.


The primary concern for the court is always the best interests of the child. This broad standard encompasses various elements, including:

  1. Parents and children’s wishes: The child’s age and maturity will determine how much their preferences are taken into account.
  2. The child’s adjustment to home, school, and community: Stability and continuity in the child’s life are crucial.
  3. The mental and physical health of all individuals involved: This includes any history of abuse or neglect to ensure competent care of the child.
  4. The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent: Courts favor arrangements where parents support the child’s relationship with the other parent.
  5. The past pattern of involvement of each parent with the child: This includes the extent to which each parent has taken responsibility for the child’s daily care.
  6. The physical proximity of the parents to each other: Logistical considerations can impact the practicality of parenting plans.


Creating a parenting time schedule involves detailed planning and consideration. This schedule outlines when the child will be with each parent, including weekdays, weekends, holidays, and vacations. Key points include:

  • Regular schedule: Establish a consistent routine for day-to-day care.
  • Holiday schedule: We make special arrangements for holidays to ensure both parents have time with the child or children.
  • During summer vacation, parents consider extended time off from school to balance their involvement.


When it comes to major decisions, parents must work together or, if necessary, the court will assign responsibilities. Key areas include:

  • Medical decisions: Health care choices, including treatments and providers.
  • Educational decisions: School choice, special education needs, and academic activities.
  • Extracurricular activities: Involvement in sports, arts, and other activities that contribute to the child’s development.

At Ewert Law, our expertise in navigating these factors and creating comprehensive parenting plans helps ensure that your child’s best interests are the priority. If you have questions or need assistance with your case, don’t hesitate to reach out to us.

Ready to take the next step? Contact us today to schedule a consultation!