Helping Joint Custody Work
| Publication year | 1985 |
| Pages | 1984 |
| Citation | Vol. 14 No. 9 Pg. 1984 |
1985, November, Pg. 1984. Helping Joint Custody Work
Since its effective date of July 1, 1983, the Colorado statute on joint custody has created considerable concerns for the practitioner of family law. The law defines joint custody as an order
awarding legal custody of the minor child to both parties and which provides that all decisions regarding the health, education, and general welfare of the child shall be made jointly. The order may designate one party as a residential custodian for the purpose of determining the legal residence of the child and may provide that, under emergency circumstances, it is sufficient for one party to sign legal releases or to take any other necessary measures.(fn1)
The acceptance of joint custody by the Colorado legislature is a significant step in the evolution of child care after a dissolution. It presents a major departure from the traditional pattern of a custodial parent with visiting parent concept, which has prevailed historically. Although the wisdom of joint custody in individual circumstances may be subject to debate, it is clear that the legislature has adopted the concept as a matter of public policy. CRS § 14-10-124 states that the
general assembly finds and declares that it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage.(fn2)
It is also clear that many family law practitioners are uncomfortable with joint custody. The concept of joint custody is inconsistent with the role as adversary, since the attorney must serve as a mediator and reconciler rather than as advocate. Coupled with this problem is the bar's general unfamiliarity with the supporting research on joint custody, the recent passage of the law and the experiences and opinions of the individual attorney, which may be unfavorable. The result is that many practitioners are still uncertain about joint custody, and advice to clients may differ radically, depending on the attorney consulted.
The purpose of this article is to discuss some of the major problems involved in joint custody from the perspective of an attorney who believes that joint custody is the best available approach in the imperfect world of dissolution.
The most unusual aspect of the joint custody statute is that the arrangement cannot be ordered by the court unless joint custody is "jointly agreed to by the parties,"(fn3) and only upon "the motion of...
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