Colorado Parenting Plan Laws
Trusted Guidance Through Parenting Plans, Parental Responsibilities, and Child-Focused Agreements
A Colorado parenting plan is a legally required document in every family case involving minor children. The court will not enter final orders without one. Whether you are going through a divorce, a legal separation, or a standalone parentage action, your parenting plan governs how decision-making authority and parenting time are allocated between you and the other parent. In Colorado, these arrangements are called the allocation of parental responsibilities, or APR.
The plan you submit does not just satisfy a procedural requirement. It becomes a binding court order. How it is written, what it addresses, and how clearly it accounts for your children’s actual lives determines whether it protects stability or creates future conflict. A vague plan is not a neutral plan; it is an invitation to dispute.
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How Colorado Defines Parental Responsibilities
Colorado does not use the words “custody” or “visitation.” Those terms were replaced by the allocation of parental responsibilities framework, which divides parenting into two distinct components that are addressed separately in every parenting plan.
Important terminology: When reviewing Colorado court forms and orders, you will see “allocation of parental responsibilities” where other states use “custody.” You will see “parenting time” where other states use “visitation.” The framework is different, not just the words.
Decision-Making Responsibility
Decision-making responsibility is the authority to make major decisions about a child’s life, including decisions about education, healthcare, religious training, and extracurricular activities. Under C.R.S. § 14-10-124 [1], the court can allocate this authority jointly, so both parents must agree, or solely, so one parent has final authority in some or all areas.
Colorado courts generally favor joint decision-making when parents demonstrate the ability to cooperate, but it is not a statutory presumption. Sole decision-making authority may be awarded when joint decision-making is impractical due to conflict, geographic distance, or documented history of domestic violence or abuse.
Parenting Time
Parenting time is the schedule of when each parent has the children in their physical care. Colorado courts count parenting time in overnights. The number of overnights each parent receives directly affects the child support calculation, which makes parenting time one of the most financially significant provisions in any parenting plan.
There is no presumption in favor of equal parenting time in Colorado. The court determines parenting time based on the best interests of the child. Some families arrive at a near-equal schedule. Others arrive at a primary-parent arrangement with structured parenting time for the other parent. The child’s age, school schedule, each parent’s work schedule, and the history of caregiving all factor into what the court views as appropriate.
How Colorado Courts Evaluate a Parenting Plan
Every decision about parenting time and decision-making in Colorado is evaluated against a single standard: the best interests of the child. C.R.S. § 14-10-124 lists the statutory factors the court must consider. The child’s safety is always paramount.
The Statutory Factors
- The wishes of the child’s parents regarding parenting time
- The wishes of the child, if the child is sufficiently mature to express a reasoned preference
- The interaction and interrelationship of the child with parents, siblings, and other significant persons
- The child’s adjustment to home, school, and community
- The mental and physical health of all individuals involved
- The ability of each parent to encourage a loving relationship between the child and the other parent
- Each parent’s prior involvement in the child’s life
- The geographical distance between the parents’ residences
- The parents’ ability to make joint decisions and cooperate
- Each parent’s ability to place the child’s needs above their own
- Any history of domestic violence between the parents or directed at the child
The court does not give preference to either parent based on gender. No single factor is automatically decisive. The court weighs the full picture of the child’s life and the parents’ circumstances.
What the Court Cannot Consider
Under C.R.S. § 14-10-124(2), the court is prohibited from considering conduct of a parent that does not affect that parent’s relationship to the child. A parent’s behavior that is unrelated to their parenting does not enter the analysis.
What a Colorado Parenting Plan Must Include
Decision-Making Allocation
- Who has authority for education decisions
- Who has authority for healthcare decisions
- Who has authority for religious training decisions
- Who has authority for extracurricular activity decisions
- What process applies when parents disagree on a joint-decision item
Parenting Time Schedule
- Regular weekly and weekend schedule, with specific days and times
- Holiday schedule, specifying which parent has the children for each holiday and in which years
- School break and summer schedule
- Special occasions such as birthdays and school events
Logistics and Communication
- Transportation arrangements: who transports, where exchanges occur, and at what times
- Communication protocols: how parents contact each other and how the child contacts the other parent during parenting time
- Travel notice requirements for out-of-state travel with the children
- Passport and document control provisions
Dispute Resolution
- A process for resolving future disagreements, typically mediation before returning to court
- Any agreed-upon parenting coordinator role, if applicable
Relocation Provisions
- Notice requirements if either parent plans to move a significant distance
- Process for modifying the plan if a relocation occurs
The form includes an “Other Terms” section for provisions specific to your family’s situation. This is where well-drafted plans address first right of refusal for childcare, specific exchange logistics, and any other detail that would otherwise be left to dispute later.
Strong plans vs. weak plans: A weak parenting plan uses vague language: “holidays will be shared,” “reasonable parenting time,” “by mutual agreement.” A strong plan specifies times, addresses, tie-breakers, and exactly what happens when a conflict arises. Vague language does not create flexibility. It creates litigation.
How a Parenting Plan Gets Approved in Colorado
The court will not enter final orders in a dissolution, legal separation, or parentage case without a signed parenting plan. There are two paths to getting one in place.
Agreed Parenting Plan
If both parents agree, they submit a joint written parenting plan to the court. The court reviews it to confirm it serves the best interests of the child. Agreed plans are far more common than contested plans and give both parents significantly more control over the outcome.
Mediation is frequently used to help parents who cannot agree on all terms reach a workable plan without contested litigation. Colorado courts typically require parties to attempt mediation before proceeding to a contested hearing on parenting issues.
Contested Parenting Plan
If the parents cannot agree, each files their own proposed parenting plan. The court holds a hearing, considers the evidence and the statutory best-interest factors, and enters its own order. The court is not bound by either parent’s proposal.
In contested hearings on final parenting orders, the court is required by statute to make findings on the record explaining the reasons for its allocation of parental responsibilities. Those findings become the basis for any future modification motion.
Temporary Parenting Orders
In cases where parenting arrangements need to be established before final orders, either parent can move for temporary parenting time and temporary decision-making responsibility. Temporary orders remain in effect until modified or until final orders are entered. They do not determine the permanent outcome, but they establish a status quo that courts are generally reluctant to change without a demonstrated reason, because continuity matters to children.
How to Modify a Colorado Parenting Plan
A parenting plan is a court order. You cannot change it informally. Modifying a Colorado parenting plan requires filing a motion and, in most cases, demonstrating that a substantial change in circumstances has occurred since the existing order was entered.
The Modification Standard
Common Grounds for Modification
- A significant change in either parent’s work schedule or living situation
- Relocation by either parent
- A substantial change in the child’s needs, school situation, or age-related circumstances
- Documented failure by one parent to comply with the existing plan
- A change in the child’s safety or wellbeing that the current plan does not address
Relocation
Relocation cases receive priority on the Colorado court docket. A parent intending to relocate must provide written notice to the other parent, including the proposed new location, the reason for the move, and a proposed revised parenting schedule. Colorado courts treat relocation disputes as distinct from standard modification motions because of the immediate and significant impact on the existing parenting arrangement.
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How Johnson Law Group Approaches Parenting Plan Cases
A parenting plan case is not a document-drafting exercise. It is a decision about your children’s daily lives for the years ahead. We approach it that way. Before anything is put on paper, we work to understand your children’s ages, their school and activity schedules, each parent’s work demands, the family’s geographic situation, and the dynamics between the parents.
For agreed plans, we draft language that is specific enough to prevent future disputes without being so rigid that it cannot accommodate normal life. Vague plans are a primary driver of post-decree litigation. We build a schedule that is specific enough to prevent disputes and grounded in how your family actually lives, not in what looks reasonable on paper.
For contested parenting cases, we build the evidentiary record that the court needs to make findings under the best-interest factors. That means documenting each parent’s involvement in the children’s lives, understanding the school and medical history, and presenting your parenting role clearly and completely. What you cannot document, you cannot rely on.
Frequently Asked Questions
Does Colorado assume 50/50 parenting time?
No. Colorado courts do not start from a presumption of equal parenting time. The court determines a parenting schedule based on the best interests of the child under the statutory factors. Many families arrive at a near-equal arrangement, but it is not automatic.
Can I write my own parenting plan?
Yes. Parents can submit their own written plan using form JDF 1113 or a separate document that addresses all required provisions. If both parents agree, the court reviews the plan and enters it as an order if it serves the child’s best interests. Working with an attorney ensures the plan addresses everything required and is written in language the court can enforce.
What happens if we cannot agree on a parenting plan?
If you cannot reach agreement, you each file your own proposed plan and the court holds a contested hearing. The court makes its own determination based on the best-interest factors and issues an order. You are not bound to either parent’s proposal, and neither is the court. Contested parenting hearings are more expensive, more time-consuming, and less predictable than negotiated agreements.
Can a parenting plan be changed after it is entered?
Yes, but it requires a court order. Informal agreements between parents do not modify a court-ordered parenting plan. To change the plan, you must file a motion and demonstrate the applicable legal standard. Courts generally require a substantial change in circumstances before modifying an existing parenting arrangement, particularly if the change would affect the primary residential parent.
Does a parenting plan affect child support?
Yes, significantly. The number of overnights each parent has with the children is a direct input in the Colorado child support calculation. More parenting time generally reduces the support obligation of the parent with more overnights, though the actual amount depends on both parents’ incomes. Because parenting time directly affects child support, disputes about the schedule often carry significant financial implications for both parents.
What if one parent violates the parenting plan?
A parenting plan is a court order. Violating it can be addressed through a contempt motion. The court takes parenting time violations seriously, particularly when one parent is denying the other parent court-ordered time with the children. Documented, repeated violations can also form the basis of a modification motion.
Do I need an attorney to create a parenting plan?
You are not required to have an attorney. But the decisions made in your parenting plan affect your children’s stability and your legal relationship with your co-parent for years. Errors in drafting, gaps in coverage, and vague language create real problems after the case closes. Most parents benefit significantly from legal counsel, particularly in contested situations or cases involving domestic violence, substance abuse, or relocation.
Your Path from Proposed Plan to Final Orders
A parenting plan is one of several issues resolved at final orders in a Colorado family case. Here is how it fits into the overall timeline:
- Temporary orders: if immediate parenting arrangements are needed, either parent can request temporary parenting time and decision-making authority while the case is pending.
- Financial disclosures: mandatory exchange of financial information under C.R.C.P. 16.2 includes the information needed to calculate child support alongside the parenting time schedule.
- Mediation: Colorado courts typically require mediation before a contested parenting hearing. Most cases resolve at or before this stage.
- Final parenting orders: the court enters the parenting plan as a final order, alongside any child support order, property division, and maintenance determinations.
- Post-decree modifications: if circumstances change materially after final orders, either parent can file to modify the plan under C.R.S. § 14-10-129.
Parenting plans are one part of the broader Colorado child custody framework. How the court allocates decision-making, how parenting time affects child support, and how relocation disputes are handled all connect through the same statutory structure.
If your existing parenting plan needs to change after final orders, the process is distinct from the original allocation. Child custody modification in Colorado requires demonstrating a substantial change in circumstances. Understanding that threshold before filing saves time and legal costs.
When parents disagree about how a plan is being followed, or when one parent is not complying with the ordered schedule, those disputes require a different legal response than a modification. Parenting time disputes address enforcement, contempt, and make-up parenting time within the existing order framework.
Because parenting time directly affects child support calculations, parents negotiating their plan should understand the financial implications of different overnight schedules. The Colorado child support framework explains how the court calculates support and how parenting time feeds into that calculation.
Talk to a Colorado Parenting Plan Attorney
Your children’s parenting plan will govern their lives and your relationship with your co-parent for years. It deserves the same attention as any other part of your case. Getting it right from the start is significantly less expensive and less disruptive than returning to court to fix it later.
Our Colorado family law attorneys handle parenting plan cases across the state, from straightforward agreed plans to high-conflict contested hearings involving relocation, domestic violence, and other complex circumstances. We prepare with you, not just for you.
Johnson Law Group has guided Colorado families through dissolution proceedings, parentage actions, and post-decree modifications since 2015, with the focused precision of big-firm experience and the personal attention that boutique practice makes possible.
Find us at any of our Colorado office locations, or use our online scheduler to book your free consultation. We will review your situation, explain your options, and make sure you understand exactly what your parenting plan needs to accomplish before anything is filed.
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