Most parents searching for custody information in Colorado quickly discover that the state does not use the word ‘custody’ in its family law statutes at all. If you are trying to understand how parenting time or decision-making authority works in Colorado, this is where to start.
Colorado governs these decisions through a framework called the Allocation of Parental Responsibilities (APR), which replaces the traditional terms “custody” and “visitation” with two distinct legal concepts: decision-making responsibility and parenting time. These two components are evaluated and allocated independently under Colorado Revised Statutes Title 14, Article 10.
APR proceedings arise in two primary contexts: as part of a divorce and dissolution of marriage under C.R.S. § 14-10-106, or as a standalone action when parents were never married. In the latter case, establishing paternity in Colorado is typically a prerequisite before APR can be formally addressed by the court.
Decision-Making Responsibility
Decision-making responsibility governs which parent—or both parents jointly—holds the legal authority to make major decisions affecting the child’s life during and after a divorce. While Colorado statute covers various areas, these typically center around the “Big Three”: medical care, education, and religious upbringing. It also frequently addresses the child’s involvement in extracurricular activities.
Joint Decision-Making
Under joint decision-making, both parents share equal authority over major decisions and must confer before implementing significant changes in the child’s life. Joint decision-making is the statutory presumption in Colorado. It does not dictate the parenting time schedule and is evaluated independently of where the child physically resides.
C.R.S. § 14-10-124(1.5) permits the court to allocate decision-making independently across categories. For example, one parent may be granted sole authority over educational decisions while the parties retain joint authority over healthcare.
Sole Decision-Making
Sole decision-making grants one parent exclusive authority without requiring consultation with the other. Courts award it when joint decision-making would endanger the child’s physical health or significantly impair emotional development. Statutory grounds include:
- A history of domestic violence or child abuse (C.R.S. § 14-10-124(4)(a))
- Substance abuse that impairs parenting capacity
- A documented inability of the parties to cooperate without conflict
Even where sole decision-making is ordered, the non-custodial parent generally retains parenting time unless that contact would also endanger the child.
Parenting Time
Parenting time defines the physical schedule under which the child resides with and is cared for by each parent. It is determined independently of decision-making responsibility.
Equal Parenting Time (50/50)
Colorado courts have moved toward equal parenting time as a general preference when both parents are fit and geographically proximate. Common schedules include the 2-2-3 rotation and alternating week arrangements. Equal parenting time does not eliminate child support obligations—support is calculated based on income differential and number of overnights regardless of schedule symmetry (see managing child support in Colorado for how the Income Shares model applies to equal-time arrangements).
Majority Parenting Time
In majority parenting time arrangements, the child resides primarily with one parent and spends designated time with the other. This structure is common when parents reside in different school districts or when a parent’s employment schedule makes equal time impractical.
Supervised Parenting Time
When the court finds that unsupervised parenting time would endanger the child’s physical or emotional health, it may order supervised parenting time under C.R.S. § 14-10-129. Supervision may be conducted by a designated family member or a professional agency and is typically a transitional arrangement subject to review upon demonstrated behavioral change.
The Best Interests Standard: C.R.S. § 14-10-124
All APR determinations in Colorado are governed by the best interests of the child standard codified at C.R.S. § 14-10-124. Colorado courts do not apply a maternal or paternal preference. The statute enumerates specific factors the court must consider.
Parenting history and caretaking function: The court examines which parent has historically performed caretaking functions—medical appointments, school involvement, daily care routines—and the quality of the parent-child relationship with each parent.
Physical and emotional safety: Any history of child abuse, domestic violence (C.R.S. § 14-10-124(1.5)(b)), neglect, or substance abuse is weighted heavily. A documented history of domestic violence triggers mandatory statutory consideration and may result in restricted or supervised parenting time.
Ability to encourage the other parent’s relationship: Courts explicitly consider which parent is more likely to facilitate frequent and continuing contact between the child and the other parent. A parent who attempts to limit or obstruct the child’s relationship with the other parent—absent legitimate safety concerns—may receive an unfavorable allocation.
Geographic proximity: The physical distance between parents’ residences affects the practical viability of equal time schedules and informs the court’s analysis of what arrangement best supports the child’s routine and schooling. The Drake Law Firm handles APR cases across Colorado’s judicial districts, including cases where parents reside in different counties or regions.
The child’s adjustment: The court considers the child’s adjustment to home, school, and community, and the degree of disruption a particular allocation would cause.
The child’s wishes: A child’s preference is a statutory factor under C.R.S. § 14-10-124(1)(b)(III). There is no fixed age at which preference becomes controlling. Courts weigh preference against the child’s age and maturity, but the judge retains final decision-making authority.
The APR Legal Process in Colorado
Initiating the Case
APR proceedings are initiated by filing a Petition for Allocation of Parental Responsibilities in the district court of the county where the child has resided for at least six months, establishing jurisdiction under the UCCJEA (C.R.S. § 14-13-201). If filed as part of a dissolution proceeding, APR is addressed within that case. The petitioner must submit a proposed parenting plan outlining both decision-making allocation and a parenting time schedule, along with required financial disclosures. The Colorado child custody attorneys at The Drake Law Firm can help ensure your petition and proposed parenting plan are properly prepared from the outset.
Initial Status Conference
Following service, the court schedules an Initial Status Conference to establish the case timeline and procedural deadlines. Where a party demonstrates urgency—such as one parent denying the other access to the child—a temporary orders hearing may be requested at or prior to the ISC.
Temporary Orders
Temporary orders establish the interim parenting schedule while the case is pending. Courts are reluctant to disrupt arrangements that appear to be working, so temporary orders often carry weight through the final hearing. They address both parenting time and, where applicable, interim decision-making authority.
Mandatory Mediation
Colorado courts require parties to attempt mediation before proceeding to a final orders hearing. C.R.S. § 13-22-311 governs court-ordered mediation. The mediator is a neutral third party; attorneys may attend. Agreements reached in mediation are typically incorporated into stipulated orders and entered as a final judgment.
Parenting Education
Most Colorado judicial districts require both parents to complete a court-approved parenting education course before final orders are entered. Completion is a prerequisite to finalizing the case in most districts
Child and Family Investigators (CFIs)
When contested issues require independent fact-finding, the court may appoint a Child and Family Investigator (CFI) under C.R.S. § 14-10-116.5. The CFI conducts interviews with both parents, the child, and relevant third parties; reviews records; and submits a written report with recommendations to the court. CFI recommendations are not binding, but they are given substantial weight by the judge.
Final Orders Hearing
If mediation does not resolve all issues, the case proceeds to a final orders hearing. The court hears testimony, reviews evidence, and may receive the CFI’s report. The judge issues permanent orders governing decision-making and parenting time, which remain in effect until modified by subsequent court order or until the child reaches the age of majority.
Parenting Plans
A parenting plan is a written document required by Colorado courts that specifies the parenting time schedule, holiday allocations, and decision-making protocols. Required elements include:
- The regular parenting time schedule (school year and summer)
- Holiday, school break, and vacation schedules
- Transportation responsibilities and exchange locations
- Communication protocols between parents
- Process for resolving future disputes
Colorado courts encourage parents to submit an agreed parenting plan. If no agreement is reached, the court issues its own plan based on the evidence presented.
Modifying an APR Order
An existing APR order may be modified under C.R.S. § 14-10-129. The threshold showing depends on what is being modified.
Decision-making modification requires a showing of a substantial and continuing change in circumstances and that modification is in the child’s best interests. The statute imposes a two-year waiting period after entry of final orders before a decision-making modification may be sought, absent specified emergency circumstances.
Parenting time modification (non-majority) may be sought upon showing the modification serves the child’s best interests, without the two-year waiting period.
Majority parenting time modification requires both the substantial change in circumstances showing and a best-interests analysis. Courts apply greater scrutiny to these modifications due to the disruption they cause to the child’s stability.
Emergency Restrictions on Parenting Time
Under C.R.S. § 14-10-129(4), a party may file a Motion to Restrict Parenting Time when the child is in imminent physical or emotional danger. Upon filing, the court must schedule a hearing within 14 days. This is a high-threshold remedy; filing without adequate factual support can damage credibility with the court and lead to sanctions.
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Colorado Child Custody FAQs
How to get custody of a child in Colorado?
To obtain legal custody, formally known as the “Allocation of Parental Responsibilities,” you must file a petition with the district court in the county where the child has resided for at least the last 182 days. The court determines custody based on the “best interests of the child,” so submitting a comprehensive parenting plan is essential for a favorable outcome.
Who claims a child on taxes with 50/50 custody?
Technically, the IRS allows the parent with the higher number of overnight stays to claim the child, but in 50/50 scenarios, parents often rotate the tax deduction every other year. A Colorado child custody lawyer can help draft a specific provision in your parenting plan to ensure this agreement is legally binding and clearly understood by both parties.
What not to say in child custody mediation?
You should avoid badmouthing the other parent, making threats, or focusing solely on money rather than the child’s well-being. Comments that suggest you are using the child to punish your ex can backfire, as mediators look for parents willing to facilitate a positive relationship between the child and the other parent.
How to get full custody of a child?
Because Colorado courts presume that shared parenting is in a child’s best interest, obtaining “full custody”—which usually implies both primary parenting time and sole decision-making authority—is a high legal bar. You typically must prove that shared responsibility would endanger the child physically or emotionally. Since this requires presenting substantial evidence to the court, it is vital to work with an experienced child custody attorney to build your case.
How much does it cost to file for full custody in Colorado?
The court requires a filing fee to open the case, usually over $200, excluding additional costs for serving papers or mandatory mediation. However, if you are seeking full custody in a contested battle, total legal costs can vary widely depending on the complexity of litigation and the evidence required.
Contact The Drake Law Firm, PC
The Drake Law Firm, PC represents parents in Allocation of Parental Responsibilities proceedings throughout Colorado. Whether you are establishing a parenting plan for the first time, seeking to modify an existing order, or navigating a high-conflict custody dispute, our attorneys work to protect your parental rights and your child’s best interests under Colorado law.
To discuss your situation with a member of our team, schedule a consultation today.
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Unfit Parents
Sadly, some parents are unfit to raise children. If a parent is an alcoholic, abusive, neglectful, or mentally ill, he or she might be deemed unfit. Then, the other parent can receive sole physical and legal custody. If you think the other parent is unfit, speak to your child custody lawyer. Your child’s safety and well-being are at risk, so you need to move forward and take action quickly.
Unmarried Fathers
In Colorado, if a child is born to parents who are not married, the mother is automatically granted both full legal and physical custody of the child. The father does not have any custody or visitation rights unless a court order is obtained or if the parents reach an agreement. It’s important to note that the birth of a child does not immediately establish a legal parent-child relationship in this situation.
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