John E. Kirchner, Attorney at Law | John Kirchner
A felony conviction does not automatically prevent custody awards. Colorado no longer uses the term "custody" and, instead provides for the "allocation of parental responsibilities". That terminology encompasses allocating decision-making responsibilities and "parenting time" (formerly labeled "visitation") for each parent. One parent will be designated the primary residential parent (i.e. where the child physically resides for the majority of the time and the other parent may have all or a portion of the remaining time. In all cases, the determining question is "what is in the best interest of the child"? The nature and circumstances of your conviction will be considered in answering that question along with all other relevant information. There is no single factor that will dictate the ultimate decision by a judge if the parties cannot reach an agreement as to what is best for the child.
Answer Applies to: Colorado