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Judicial supervision to serve the best interests of the child

The best interests of the child are paramount in a family law case in Colorado. With any relationship, there will be differences of agreement. Often, issues that sparked the divorce continue to be problematic in dealing with parental responsibilities. When they reach a certain level in that the child's well-being is put in jeopardy, there can be judicial supervision to make certain the child is protected and his or her welfare is the focus. Understanding the law for judicial supervision is a foundational aspect of a case from the perspective of the custodial parent and the noncustodial parent. Legal help is key to these situations for both parties and for the child.

In some cases, the parties will agree to the way in which parental responsibilities will be allocated. If this is done in writing, that will be the agreement they must adhere to. In that agreement will be stipulations about a variety of decision-making matters including the child's religious upbringing, how school is handled, the health care the child receives and more. If there is an issue with this and a hearing is held, the court may find that the child's well-being could suffer a negative impact emotionally or physically and act to protect the child. There can be specific limitations on decision-making authority.

If the court states that the child's emotional development or physical health would be in jeopardy, the court can rule that the welfare department of the county or district supervise the case. This is to make certain that the terms in the agreement or order are adhered to as part of parental responsibilities and to ensure that any decree is carried out.

A parenting plan must oversee the child's needs and make sure the parents have sufficient time with the child and influence on his or her upbringing. If there are problems in these cases, the court can intervene and judicial supervision can be ordered. While negotiation is preferable, there are times when it is necessary to get assistance through the courts. Before taking that step, it is important to discuss the case with a law firm experienced in parenting time and all other child-related issues.

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