Child Custody in Colorado

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.