Child Custody in Colorado (2026)

Colorado’s ‘Allocation of Parental Responsibilities’ Framework

Colorado is one of the few states that has entirely replaced the traditional “custody” and “visitation” terminology with a framework called the allocation of parental responsibilities (APR). Enacted as part of Colorado’s adoption of the Uniform Marriage and Divorce Act and refined through subsequent legislation, the APR framework — codified in C.R.S. Section 14-10-124 — divides parenting arrangements into two distinct components: decision-making responsibility and parenting time.

This is more than a semantic change. By eliminating the concept of a “custodial parent” and a “visiting parent,” Colorado’s framework signals that both parents retain meaningful roles after separation. Decision-making responsibility covers major life decisions for the child — education, health care, religious upbringing, and extracurricular activities — and can be allocated jointly, solely to one parent, or divided by category (for example, one parent may hold sole authority over educational decisions while the other holds sole authority over medical decisions). Parenting time refers to the schedule under which the child lives with each parent.

The factors courts use to allocate decision-making differ from those used for parenting time. Under C.R.S. Section 14-10-124(1.3), decision-making allocation turns on whether the parents can cooperate and make joint decisions, each parent’s history of involvement in decision-making, and whether any credible evidence of child abuse or neglect exists. Under C.R.S. Section 14-10-124(1.5), parenting time allocation relies on the 11 best interest factors discussed below, which focus on the child’s relationships, adjustment, and safety.

Overview of Colorado Custody Law

Colorado does not use the term “custody” in its family law statutes. Instead, the state uses the framework of allocation of parental responsibilities (APR), which encompasses both decision-making responsibility and parenting time. This terminology, codified in C.R.S. Section 14-10-124, reflects Colorado’s approach of treating post-separation parenting as a shared responsibility rather than a contest over custody rights.

Colorado law directs courts to make all decisions regarding parental responsibilities based on the best interests of the child. The state does not favor one parent over the other based on gender, and there is no presumption for or against any particular allocation of parenting time.

Allocation of Parental Responsibilities

Colorado’s framework divides parental responsibilities into two components:

• Decision-Making Responsibility — The authority to make major decisions regarding the child’s education, health care, religious upbringing, and extracurricular activities. Decision-making may be allocated jointly (shared between parents) or solely (to one parent). Courts may also divide decision-making by category — for example, one parent may have sole authority over educational decisions while the other has sole authority over health care.
• Parenting Time — The schedule that determines when the child is with each parent. Colorado courts craft parenting time schedules based on the child’s best interests and aim to ensure that the child has frequent and continuing contact with both parents.

For a broader explanation of custody frameworks, see our guide on child custody laws explained.

Best Interests Factors

Under C.R.S. Section 14-10-124(1.5), Colorado courts evaluate 11 factors when determining the best interests of the child for purposes of allocating parenting time:

• The wishes of the child’s parents as to parenting time
• The wishes of the child, if the child is sufficiently mature to express reasoned and independent preferences
• The interaction and interrelationship of the child with parents, siblings, and any other significant person
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved
• The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party
• Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support
• The physical proximity of the parties to each other as this relates to the practical considerations of parenting time
• Whether one of the parties has been a perpetrator of child abuse or neglect, spouse or partner abuse, or a pattern of domestic violence
• The ability of each party to place the needs of the child ahead of his or her own needs
• Any other factor the court deems relevant

For decision-making allocation, the court considers additional factors under C.R.S. Section 14-10-124(1.3), including whether the parties can cooperate, the history of involvement of each parent in decision-making, and whether mutual decision-making has been possible.

Custody Presumptions

Colorado does not have a statutory presumption in favor of joint decision-making or equal parenting time. The court evaluates each case individually under the best interest factors. However, Colorado law does express a policy that it is in the child’s best interest to have frequent and continuing contact with both parents, and courts generally aim to maximize each parent’s meaningful involvement. For more on how courts approach these determinations, see our guide on how child custody is determined.

Child’s Preference

Colorado does not set a specific age at which a child may express a preference about parenting time or decision-making. The statute allows the court to consider “the wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.” In practice, courts give increasing weight to a child’s expressed wishes as the child demonstrates maturity and independent reasoning. The court may appoint a child and family investigator (CFI) or a parental responsibilities evaluator (PRE) to gather the child’s views.

Mandatory Mediation

Mediation is mandatory in many Colorado counties before a contested parental responsibilities case can proceed to trial. Under C.R.S. Section 14-10-128.5, the court may order mediation in any case involving allocation of parental responsibilities, and many judicial districts have local rules making mediation a required step. Mediation is typically not ordered in cases involving domestic violence unless appropriate safety measures are in place. If mediation does not result in an agreement, the case proceeds to a hearing where the court allocates responsibilities.

Relocation Rules

Colorado has specific relocation provisions under C.R.S. Section 14-10-129. A parent who intends to relocate with the child must comply with the notice provisions in the existing parenting plan or court order. If the parenting plan does not address relocation, the relocating parent must provide notice in accordance with the court’s local rules.

The non-relocating parent may object and request a hearing. The court evaluates the proposed relocation under the best interest factors, considering the reasons for the move, the impact on the child’s relationship with both parents, whether a modified parenting time schedule can preserve the relationship, and the quality of life in the new location. The court’s primary focus remains the child’s best interests.

Modification of Parental Responsibilities

To modify an existing order allocating parental responsibilities in Colorado, the parent seeking the change must demonstrate that there has been a change in circumstances that makes the modification necessary to serve the child’s best interests. Under C.R.S. Section 14-10-129, the court considers whether the modification is warranted based on the same best interest factors used in the original allocation.

For modifications filed within two years of the original order, the standard is higher — the requesting parent must show that the child’s present environment endangers the child’s physical health or significantly impairs the child’s emotional development.

When to Seek Legal Help

Colorado’s allocation of parental responsibilities framework uses unique terminology and gives courts significant flexibility in crafting arrangements. The multi-factor analysis, mandatory mediation in many counties, and the absence of a default presumption mean that each case is evaluated on its own facts. If you are navigating a contested parental responsibilities case, a relocation dispute, or a modification, consider scheduling a free consultation to discuss your options with a qualified professional.

Frequently Asked Questions

What does “allocation of parental responsibilities” mean in Colorado?

Colorado does not use the term “custody.” Under C.R.S. Section 14-10-124, the court allocates parental responsibilities, which includes two components: decision-making responsibility (authority over education, health care, religious upbringing, and extracurricular activities) and parenting time (the schedule for when the child is with each parent). Decision-making can be joint, sole, or divided by category.

Is mediation required in Colorado parental responsibilities cases?

Under C.R.S. Section 14-10-128.5, the court may order mediation in any case involving allocation of parental responsibilities, and many Colorado judicial districts have local rules making mediation a required step before a contested case can proceed to trial. Mediation is typically not ordered in cases involving domestic violence unless safety measures are in place.

What is the modification standard within the first two years in Colorado?

For modifications filed within two years of the original order, the standard is higher than usual — the requesting parent must show that the child’s present environment endangers the child’s physical health or significantly impairs the child’s emotional development. After two years, the standard is a general change in circumstances that makes modification necessary for the child’s best interests.

Does Colorado presume equal parenting time or joint decision-making?

No. Colorado does not have a statutory presumption in favor of joint decision-making or equal parenting time. Each case is evaluated individually under the best interest factors in C.R.S. Section 14-10-124. However, Colorado law does express a policy favoring frequent and continuing contact with both parents.

Can decision-making responsibility be split by category in Colorado?

Yes. Under C.R.S. Section 14-10-124, the court may allocate decision-making responsibility by category. For example, one parent might receive sole authority over educational decisions while the other receives sole authority over health care decisions. This flexibility allows the court to tailor the arrangement based on each parent’s strengths and involvement history.

What is the difference between a CFI and a PRE in Colorado?

A child and family investigator (CFI) conducts a shorter, less expensive evaluation and makes a recommendation to the court about the allocation of parental responsibilities. A parental responsibilities evaluator (PRE) conducts a more comprehensive evaluation, which typically involves psychological testing and more in-depth interviews. The court appoints one or the other based on the complexity of the case and the issues in dispute.

How This Guide Was Researched

This guide was developed by reviewing the Colorado Revised Statutes, Title 14, Article 10, with a focus on C.R.S. Section 14-10-124 and its subsections governing the allocation of parental responsibilities, including the 11 best interest factors for parenting time (subsection 1.5) and the separate factors for decision-making allocation (subsection 1.3). Relocation and modification standards were drawn from C.R.S. Section 14-10-129, and mediation authority from C.R.S. Section 14-10-128.5. Procedural details were confirmed against official parenting plan forms and the Colorado Judicial Branch’s parenting self-help resources.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• C.R.S. § 14-10-124 (allocation of parental responsibilities, including decision-making and parenting time)
• C.R.S. § 14-10-124(1.5) (11 best interest factors for parenting time allocation)
• C.R.S. § 14-10-124(1.3) (factors for decision-making allocation, including ability to cooperate)
• C.R.S. § 14-10-128.5 (court authority to order mediation in parental responsibilities cases)
• C.R.S. § 14-10-129 (relocation notice requirements and modification standards, including the two-year endangerment standard)
• C.R.S. § 14-10-126.5 (appointment of child and family investigators and parental responsibilities evaluators)

Official Colorado Resources

• Colorado Judicial Branch — Parenting Self-Help
• Colorado Divorce Forms

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Colorado Custody and Family Law

• Child Custody in Colorado: Laws and Factors
• Colorado Parental Responsibilities: How Custody Works
• Divorce in Colorado: Laws, Process, and Costs
• Child Support in Colorado: Guidelines and Calculations
• Colorado Spousal Maintenance Guidelines

Other Colorado Hub Pages

• Divorce in Colorado
• Child support and alimony in Colorado

National Guides

• Child custody laws explained
• Types of child custody
• How child custody is determined
• Modifying a custody order
• Fathers’ rights in custody