In Colorado, the term “parental responsibilities” is used instead of “custody.” It refers to the rights and responsibilities of a parent to care for his/her child. When a judge makes a decision about parental responsibilities (“allocation of parental responsibilities”), this includes decisions about how much parenting time each parent will have with the child and which parent will get decision-making responsibilities for the child.¹

The parent who has responsibility for decision-making can decide the child’s upbringing, including his or her education, health care, and religious training.² With respect to each issue affecting the child, the judge can give the decision-making responsibility to both parents jointly (mutual) or to one parent individually (sole) or can order split decision-making.¹ A judge will make this decision based on what is in the “best interests of the child,” while placing highest consideration on the child’s safety.³ To read all of the factors that a judge will consider when allocating parental responsibilities and parenting time, go to How will a judge make a decision about allocation of parental responsibilities?

¹ See generally C.R.S. § 14-10-124
² See C.R.S. § 14-10-130(1)
³ C.R.S. § 14-10-124(1.5)

Mediation is a process that uses a neutral third-party, called a mediator, to help parents agree on matters relating to parental responsibilities without a trial. Sometimes a judge may refer parties to mediation, and sometimes the parties may go to mediation voluntarily to avoid going to court.

The judge can order mediation to help the parties create or modify a parenting plan and can order the parties to pay the mediation costs.¹ However, the judge cannot refer you to mediation if you have been the victim of physical or psychological abuse by the other party. If this applies to you, make sure to tell the judge this and that you do not want to go to mediation. Even if you are not a victim of abuse, but you object to mediation for another reason, you can file a motion (legal papers) objecting to mediation that includes convincing reasons why mediation should not be ordered; for example, if prior attempts to resolve the issues were not successful. You must file this motion within five days of the judge’s mediation order.²

¹ C.R.S. § 14-10-124(8)
² C.R.S. § 13-22-311(1)

According to Colorado law, both parents have equal rights and responsibilities towards their children if they were married or if paternity has been established.¹ For parents who were not married when the child was born, paternity or parentage can be established in court or when the non-birthing parent signs an acknowledgment of parentage or paternity.² To read additional ways that paternity can be established, go to our Selected Colorado Statutes page. The only way to legally change the equal right to make decisions about your child held by both parents is through a court order – usually after one or both parents file for allocation of parental responsibilities.

There are many reasons you might choose not to get an allocation of parental responsibilities order from a judge. You may decide not to get an order because you don’t want to get the courts involved or you may already have an informal agreement with the other parent that works well for you. You may think that going to court will provoke the other parent to seek more time with your child and more legal rights, which you do not want him/her to have.

However, in some cases, it is a good idea to get an allocation of parental responsibilities order from a judge. For example, it might make it easier to deal with the other parent because the rights and responsibilities for each parent would be stated clearly in the order. You will have to make this choice based on your particular situation. A lawyer might be able to offer you advice about which choice is right for you. To find a lawyer in your area, please see our CO Finding a Lawyer page.

If you go to court, a judge can give you or the other parent:

• the responsibility to make decisions about education, healthcare, religion and other things for your child;
• a clear schedule listing where the child will live and when the child will have time with the other parent;
• clear instructions for how and when the child will be transferred to the other parent and returned to you;
• an order preventing either parent from moving out of state with the child;
• the responsibility to make or receive child support payments; and
• the right to call the police or go back to court to enforce the order and hold the other parent in contempt if the other parent does not follow the court order.

¹ C.R.S. § 19-4-103
² C.R.S. § 19-4-105

The general rule is that Colorado state courts have authority to hear a custody case if Colorado is considered your child’s “home state”.¹ A child’s “home state” is generally the state where the child has most recently lived with a parent, or a person acting as a parent, for at least six consecutive months. In the case of a child less than six months old, the “home state” is the state where the child has lived from birth. A short, temporary absence from the state does not change anything.

If you and your child recently moved to a new state, generally you cannot file for custody in that new state until you have lived there for at least six months. Until then, either you or the other parent can start a custody action in the state in which your child most recently lived for at least six months.

Example: If a family has lived in Montana for one year and then one parent moved to Colorado with the children and filed in Colorado after living there for only four months, Montana is still the home state. Colorado would likely not have jurisdiction (power) over the custody of the children.

There are exceptions to the “home state rule.” For more information, please see the following section, What are the exceptions to the “home state” rule?

¹ C.R.S. § 14-13-102(7)(a)

If a protection order is granted due to domestic violence, the order may include temporary allocation of parental responsibilities of minor children and temporary visitation.  Be sure to tell the judge that you want temporary allocation of parental responsibilities during your protective order hearing so that the judge can take your request into consideration.  It is important to note that allocation of parental responsibilities granted with a protection order expires with that order.  The judge may also extend temporary orders as s/he feels is necessary.¹  For more information, see How can a domestic violence protection order help me?

¹ C.R.S. § 13-14-104.5(10)

If the judge believes that you were the victim of sexual assault that resulted in the conception of your child, there is a “rebuttable presumption” against the offender getting sole, split, or mutual decision-making authority. What this means is that the judge is supposed to assume that it is not in the best interests of the child for that parent to decision-making authority; but the offender may be able to present evidence to overcome the judge’s assumption. The judge will also decide if it’s in the child’s best interests to prohibit or limit the offender’s parenting time with the child.¹

If the offender was convicted in criminal court of this sexual assault, you can file a petition in the juvenile court to terminate the parent-child legal relationship and to prevent future contact the offender if all the following requirements are met:

1. the offender must have been convicted of an act of sexual assault against you or convicted of a crime in which the underlying factual basis was sexual assault against you;
2. the child must have been conceived during that sexual assault;
3. the conviction must have been on or after July 1, 2013;² Note: A “conviction” includes a plea of “no contest,” or, for a juvenile defendant, a disposition or adjudication of juvenile delinquency based on committing any act that constitutes sexual assault;³ and
4. termination of the parent-child legal relationship of the offender is in the best interests of the child.⁴ Note: The judge will automatically assume that termination is in the best interests of the child but the offender has the right to try to convince the judge otherwise.⁵

If you file this petition to terminate the offender’s rights, the law states that your and your child’s whereabouts must be kept confidential. In addition, the judge can grant any sort of protective measures in the courtroom if you request them - such as allowing you to not appear in court when the offender is present.⁶

¹ C.R.S. § 14-10-124(4)(a)(III), (4)(a)(IV)
² C.R.S. § 19-5-105.5(3), (4)(a), (4)(b)
³ C.R.S. §§ 19-5-105.5(2)(a); 19-1-103(39)
⁴ C.R.S. § 19-5-105.5(4)(c)
⁵ C.R.S. § 19-5-105.5(7)(c)
⁶ C.R.S. § 19-5-105.5(6)

A grandparent or great-grandparent can file a petition for visitation, known as “family time,” in the district court where the child lives if:

1. there is/was a child custody case; or
2. any of the following are true:
   • there is/was a case for divorce, legal separation, or one in which the marriage of the child’s parents was declared invalid;
   • legal custody/parental responsibilities have been given or allocated to someone who is not the child’s parent or the child does not live in the home of the child’s parent – but this doesn’t apply if the child has been placed for adoption or already adopted; or
   • the child’s parent, who is the child of the grandparent or grandchild of the great-grandparent, has died.¹

If the child’s parent or custodian objects to the petition, the judge would hold a hearing to decide if grandparent family time is in the best interests of the child. The judge must assume that the parent’s decision regarding visitation is in the best interests of the child but the grandparent can present evidence to change the judge’s mind and convince the judge to order visitation. The judge will also consider the best interest factors that are used in custody proceedings between parents when making a decision.²

A petition seeking grandparent family time can only be filed once every two years unless there is proof of “good cause” to file more than once in a two-year period.³

Note: If an order for grandparent family time is issued, and the parent refuses to follow it, the judge can hold the parent in contempt of court and issue various penalties or conditions to ensure that the parent follows the order. You can read the actions the judge can take in our Selected Colorado Statutes page.

¹ C.R.S. § 14-10-124.4(3)
² C.R.S. § 14-10-124.4(4)
³ C.R.S. § 14-10-124.4(6)
⁴ C.R.S. § 14-10-124.5(2)

When awarding allocation of parental responsibilities, the judge will consider what is in the best interests of the child, giving the highest consideration to the child’s safety.¹ In general, s/he will assume that frequent and continuing contact between each parent and the child is in that child’s “best interest” in most cases but the court recognizes that this is not always appropriate.²

When making a decision about parenting time the judge will consider all relevant factors, including:

1. the wishes of the child’s parents as to parenting time;
2. the wishes of the child if s/he is mature enough to state his/her preference as to the parenting time schedule;
3. the interaction and relationship of the child with his/her parents, siblings, and any other person who may significantly affect the child’s best interests;
4. the child’s adjustment to his/her home, school, and community;
5. the mental and physical health of all people involved; (Note: A disability alone cannot be a reason to deny or restrict parenting time);
6. the ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; however, if the judge believes that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions will not be considered with respect to this factor;
7. the past pattern of involvement of the parties with the child, considering the values shown, the time commitment made, etc.;
8. how close the parties live to each other as this relates to a practical schedule of parenting time; and
9. the ability of each party to place the needs of the child ahead of his or her own needs.³

Note: Regarding factor #2, above, either party can file a motion to ask the judge to interview the child in the judge’s office (chambers) in order to find out the child’s wishes.⁴  

The judge should not consider information or recommendations that are biased, including bias regarding religion, gender, gender identity, gender expression, sexual orientation, culture, race, ethnicity, national origin, or disability.⁵

When making a decision about parental decision-making responsibilities, the judge will consider all relevant factors, including:

• all of the factors listed above;
• if the parties can cooperate and make decisions jointly, looking at the past pattern of involvement of the parties as one way to decide this; and
• if an allocation of mutual (joint) decision-making responsibility on one or more issues would cause more frequent contact between the child and each of the parties.⁶

When a claim of child abuse or neglect, domestic violence, or sexual assault that resulted in the conception of the child has been made in court, the judge must consider the factors discussed in Can a parent who committed abuse against me or my child get parental responsibilities?

Note: The judge will not consider conduct of a parent that does not affect that parent’s relationship to the child and the judge will not presume that one parent is better able to serve the best interests of the child because of that person’s sex.⁷

In general, a parent will be given parenting time unless, after a hearing, the judge finds that parenting time would endanger the child’s physical health or significantly harm the child’s emotional development.³

¹ C.R.S. §§ 14-10-124; 14-10-123.4
² C.R.S. § 14-10-124(1)
³ C.R.S. § 14-10-124(1.5)(a), (4)(a)
⁴ C.R.S. § 14-10-126(1)
⁵ C.R.S. § 14-10-124(1.5)(a.5)
⁶ C.R.S. § 14-10-124(1.5)(b)
⁷ C.R.S. § 14-10-124(2), (3)

According to the law, if you are absent or leave the home because of an act or threatened act of domestic violence by the other parent, your absence is not supposed to be a factor used by the judge in determining the best interests of the child.¹

If you have not yet left the home, you may want to get help to make a plan that will allow you to safely and legally take the children with you when you leave.  If you want help doing this, you can talk to a lawyer who has experience with domestic violence and custody issues and/or a domestic violence advocate in your area.  See our CO Places that Help page.

¹ C.R.S. § 14-10-124(4)(c)

When awarding allocation of parental responsibilities, the judge can appoint a lawyer to serve as the legal representative of the child. It is the legal representative’s responsibility to represent the best interests of the child with respect to custody, allocation of parental responsibilities, child support, the child’s property, parenting time or any other issue related to the child that is identified by the legal representative of the child or the court.¹

Either or both parents may have to pay the fees of the child’s legal representative unless the parent(s) are determined to be indigent (poor), in which case the state will pay the fees.²

¹ C.R.S. § 14-10-116(1), (2)
² C.R.S. § 14-10-116(3)(a)

If according to your current parenting plan, your child lives with you a majority of the time and you want to relocate to a place that would substantially change the geographical ties between the child and the other party, you have to first provide the other party with written notice as soon as possible. The notice must explain:

• your intention to locate;
• the new location where you plan to live;
• the reason for the relocation; and
• a proposed revised parenting time plan.¹

Usually, then a hearing would be held where the judge would decide whether or not to allow the relocation based on whether it’s is in the child’s best interests. The judge would consider all relevant factors, including:

1. the reasons why you want to relocate with the child;
2. the reasons why the opposing party is objecting to the proposed relocation;
3. the history and quality of each party’s relationship with the child since any previous parenting time order;
4. the educational opportunities for the child at the existing location and at the proposed new location;
5. the presence or absence of extended family at the existing location and at the proposed new location;
6. any advantages to the child if s/he remains with the party who is the primary caregiver;
7. the anticipated impact of the move on the child;
8. whether the judge will be able to create a reasonable parenting time schedule if the judge allows the relocation;
9. whether a party has committed an act of domestic violence, has engaged in a pattern of domestic violence, has a history of domestic violence, and whether the violence happened before or after the original order was entered;
10. the wishes of the child’s parents as to parenting time;
11. the wishes of the child if s/he is mature enough to state his/her preference as to the parenting time schedule;
12. the interaction and relationship of the child with his/her parents, siblings, and any other person who may significantly affect the child’s best interests;
13. the child’s adjustment to his/her home, school, and community;
14. the mental and physical health of all people involved;
15. the ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party (except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions will not be considered with respect to this factor);
16. the past pattern of involvement of the parties with the child, considering the values shown, the time commitment made, etc.;
17. how close the parties live to each other as this relates to a practical schedule of parenting time;
18. the ability of each party to place the needs of the child ahead of his or her own needs; and
19. any other relevant factors bearing on the best interests of the child.²

¹ C.R.S. § 14-10-129(1)(a)(II)
² C.R.S. § 14-10-129(2)(c)

After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.