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EspañolStep 2: File and serve the petition for parental responsibilities (custody)
The legal paperwork that starts a custody case is called a “petition for parental responsibilities.” You may file your petition in the family court or a court of a different name that hears family cases. Generally, you will file in the county where the child lives.
The exact petition you file may depend on whether or not you are married to the child’s other parent, as you can see in the chart below.
| If you and the other parent are… | Then you can usually file for custody in… |
|---|---|
| married and getting divorced | the divorce case. |
| married but not divorcing | a separate petition for parental responsibilities (custody). |
| not married | a separate petition for parental responsibilities (custody), but you may need to establish a legal parent-child relationship (parentage) before or during the case. |
Sometimes, non-parents can also file for custody or visitation rights. To find out about filing as a non-parent, go to I am not the child’s parent. Can I get parental responsibilities of the child? or talk to a lawyer.
The petition forms you will need will be available at your local courthouse. Many forms are also available online. Some courts may have a court assistance officer or other staff who can help you complete the forms you need to file. However, court staff cannot advise or represent you. It’s best to get help from a lawyer to make sure that you have all of the forms and fill them out correctly. You can use our Colorado Courthouse Locations, Download Court Forms, and Finding a Lawyer pages to find your county’s court, the forms, and local lawyers.
Depending on what’s going on with the child and the other parent, you may be able to ask for an emergency or temporary allocation of parental responsibilities (custody order) when you file your petition. That may require appearing in front of the judge. However, in most cases, you will just file the petition, and then the clerk will tell you a date to return to court a few weeks or months later. If your child’s well-being is in danger, make sure to mention this on the petition and notify local authorities as needed. It may also be possible to file for a domestic violence protection order and get a temporary allocation of parental responsibilities (temporary custody order) as part of the protection order.
After you file, the papers will need to be given to the other parent. This is called “service of process,” and there are specific rules on how to do it. You may want to ask the clerk for the instructions on how the other party must be served in your state.
