Colorado Child Custody Lawyers
Colorado Child Custody Laws
Fighting For Child Custody Rights During a Divorce in CO
In Colorado, child custody decisions are made under the “best interests of the child” standard. The court allocates two distinct things: who makes major decisions for the child, and how the child’s time is divided between parents. Colorado does not actually use the word “custody” in its statutes. The legal term is allocation of parental responsibilities, and the outcome is shaped by your children’s needs, your family’s history, and how prepared you are to present a parenting plan a judge can rely on.
The decisions made in a custody case follow your family for years. Where your child lives, how holidays are split, who chooses schools and doctors, and how disagreements get resolved are all set in writing and enforced by court order. A well-prepared case protects your relationship with your children and reduces the conflict your family has to live through. A weak one leaves you reacting to someone else’s plan.
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How Child Custody Works in Colorado
Colorado law replaces the term “custody” with the allocation of parental responsibilities, which has two parts: decision-making responsibility (sometimes called legal custody in other states) and parenting time (sometimes called physical custody). C.R.S. § 14-10-124 [1] sets the standard the court applies, which is the best interests of the child.
A custody matter can move forward in two ways. It can be decided as part of a divorce or legal separation case, or it can stand alone under an Allocation of Parental Responsibilities petition when the parents are not married or are not divorcing. Either way, both parents typically attend a parenting class, exchange information, and either submit an agreed parenting plan or ask the court to enter one.
Most Colorado courts require the parties to attempt mediation before scheduling a contested hearing, either through standing case management orders or local rules. Where parents reach agreement, a stipulated parenting plan becomes a court order. Where they cannot, the case proceeds to a hearing and a judge decides.
Factors Colorado Courts Consider in Custody Cases
Colorado judges decide parenting time using a defined list of best-interests factors under C.R.S. § 14-10-124(1.5)(a). These factors guide every contested ruling and shape what a strong custody record looks like.
When the court allocates parenting time, it weighs:
- What each parent is asking for. What schedule and arrangement each parent wants, and the reasons behind it.
- What the child wants. Considered when the child is mature enough to express a reasoned preference. There is no fixed age in Colorado.
- How the child interacts with each parent and others. This includes siblings and any other person who plays a meaningful role in the child’s life.
- How the child is adjusting to home, school, and community.
- The mental and physical health of everyone involved. A disability alone is not a basis to deny or restrict parenting time.
- Whether each parent supports the child’s relationship with the other parent. Courts look closely at this. Parents who undermine the other relationship usually lose ground.
- The past pattern of involvement. How each parent has actually shown up in the child’s life, including time, values, and mutual support.
- How close the parents live to each other. This affects what schedule is realistic for the child.
- Whether each parent can put the child first. The court is looking for parents who can separate their feelings about the other parent from their child’s best interests.
When the court allocates decision-making responsibility, C.R.S. § 14-10-124(1.5)(b) directs it to weigh the same considerations along with three additional factors: the parties’ ability to cooperate and make decisions jointly, whether their past pattern of involvement reflects a system of values and mutual support that would translate into joint decision-making, and whether mutual decision-making will encourage continuing contact between the child and each parent.
In cases involving credible evidence of domestic violence or child abuse, the law works differently. Under C.R.S. § 14-10-124(4), a court cannot order joint decision-making over the objection of the other parent unless it makes specific findings that joint decision-making is in the child’s best interests and that doing so will not endanger the child or the other parent. The same provisions also limit parenting time in cases where it would expose the child or the other parent to harm.
Custody Arrangement Options in Colorado
Custody in Colorado is not a fixed menu. The parenting plan is built around your children’s schedules, your work realities, and how decision-making should be divided. Common structures include:
- Joint decision-making with shared parenting time. Both parents share major decisions, and parenting time is roughly balanced. Often used where parents communicate well and live close to each other.
- Joint decision-making with one primary home. Both parents share major decisions, but the children spend most overnights with one parent and have a defined schedule with the other.
- Sole decision-making with shared or significant parenting time. One parent has authority over major decisions, while both parents continue to spend regular time with the children.
- Sole decision-making with limited or supervised parenting time. Used in cases involving safety concerns, abuse, addiction, or other risk factors, where the court may order supervised visitation in Colorado to protect the child.
- Issue-specific allocation. Decision-making can be split by category, such as one parent making educational decisions and the other making medical decisions, when full joint authority is not workable.
Some families also face a relocation question, where one parent wants to move with the children to another city or state. These cases are governed by a separate analysis under Colorado’s relocation and move-away framework.
At Johnson Law Group, we believe that child custody shouldn’t define your future—it should position you for growth and healing. Let our family help yours.
Contact us today to schedule a consultation and begin the journey toward your next chapter.
What to Expect During a Colorado Custody Case
- Filing and service. The petition is filed and the other parent is formally served or signs a waiver.
- Initial Status Conference. Most courts hold an early conference to set deadlines, identify issues, and route the case toward resolution.
- Parenting class. Both parents are required to complete a court-approved parenting class.
- Temporary orders, if needed. When the family needs decisions about parenting time, decision-making, or finances before final orders.
- Investigation, if ordered. A Child and Family Investigator (CFI) under C.R.S. § 14-10-116.5[3] or a Parental Responsibilities Evaluator (PRE) may be appointed when the court needs neutral input on parenting issues. CFIs are scope-limited and lower-cost. PREs are more thorough and used in higher-conflict or higher-complexity cases.
- Mediation. Most counties require mediation before a contested hearing.
- Final orders. Either by stipulated parenting plan or after a contested hearing.
Your Rights in a Colorado Custody Case
Colorado law protects several core rights for parents in a custody case. Knowing them gives you the clarity to make informed decisions and act early instead of reacting late.
- The right to be heard before parenting time and decision-making are allocated. A judge cannot enter permanent orders without giving each parent the opportunity to present evidence.
- The right to request an investigation. Either parent can ask the court to appoint a CFI or PRE in appropriate cases.
- The right to mediation. Mediation is a confidential, structured opportunity to resolve issues before a hearing.
- The right to seek temporary or emergency orders. When a child’s safety is at risk or a parent is being denied access, the court can issue emergency custody orders in Colorado on short notice.
- The right to seek modification. When a substantial and continuing change occurs, parenting time and decision-making can be revisited.
- The right to enforcement. When an order is violated, the court has tools to enforce it, including makeup parenting time, contempt findings, and adjustments to the order itself.
- Protections in cases involving abuse. Where credible evidence of domestic violence or child abuse exists, the law builds in protective limits and gives the court latitude to restrict or supervise contact.
Johnson Law Group operates across Colorado, Illinois, Florida, and Wyoming, so we can coordinate custody cases when parents or children cross state lines, including UCCJEA jurisdictional issues. For complex cases involving relocation, high-conflict dynamics, or special-needs children, we work with child specialists and forensic experts as needed.
New clients also receive access to our client portal at no additional cost. The portal provides real-time visibility into milestones, billing, and case communications, so you stay in the loop without chasing your attorney for updates.
Common Mistakes in Colorado Custody Cases
Strong cases are usually lost through small choices made in the months before a final hearing. The patterns repeat.
Treating custody as a contest to win
Colorado judges decide based on the child’s best interests, not on which parent is angrier or more aggressive. Parents who frame the case as a fight against the other parent often lose ground. Parents who frame the case around a workable plan for their children almost always do better.
Using the children as messengers or witnesses
Asking children to relay information, take sides, or report on the other parent is one of the fastest ways to damage your standing. Judges, evaluators, and CFIs watch for it.
Disrupting the status quo before orders are entered
Changing schools, moving residences, or withholding parenting time before the court has weighed in often backfires. Self-help moves like these are how minor disagreements turn into parenting time disputes in Colorado that hurt your case rather than help it.
Underestimating the parenting plan
A parenting plan is not a calendar. A well-built Colorado parenting plan governs holidays, school breaks, transportation, communication, decision-making thresholds, and how disputes get resolved. A vague plan creates years of conflict. A detailed one prevents most of it.
Skipping documentation
Texts, emails, school records, medical records, and a written log of parenting time matter when the case is contested. Parents who organize their record early have an advantage over parents who try to reconstruct it later.
How Johnson Law Group Handles Child Custody Cases in Colorado
For families facing a custody case, our role is to be your North Star: a steady, prepared guide who explains the law, builds the record, and gives you a realistic plan for what comes next. Custody cases are emotionally heavy and procedurally exacting at the same time. You need both a calm advisor and a disciplined advocate, and that is what our team delivers.
Our Colorado family law team has offices in Colorado Springs, Commerce City, Denver, Englewood, and Fort Collins. We represent clients in family courts across the Front Range and Northern Colorado, including the 4th, 17th, 2nd, 18th, and 8th Judicial Districts. We have handled custody matters that range from straightforward parenting plans to high-conflict custody, high-asset, and multi-state disputes, and we bring that experience to every case.
When you work with Johnson Law Group on a custody matter, you can expect:
- A clear, written plan for your case, the legal standard the court will apply, and the realistic range of outcomes.
- A complete parenting plan strategy, including holiday schedules, communication protocols, decision-making categories, and dispute resolution language.
- Honest assessment, not promises. We talk plainly about what is likely, what is possible, and what is unlikely, and we never guarantee a specific result.
- Process visibility through our client portal, where you can see filings, deadlines, billing, and case milestones in real time at no additional cost.
- Multi-state coordination when relocation, military service, or out-of-state parents are involved.
- No-pressure consultations, with virtual options available and Spanish-speaking team members on staff.
Managing partner Myles Johnson is also the author of a free book, Overboard: How to Avoid Sinking in Your Colorado Family Law Case, which walks through the full Colorado family law process in plain English and is available to anyone considering a custody or divorce case.
Frequently Asked Questions
Does Colorado favor mothers in custody cases?
No. Colorado law is gender-neutral and decides parenting time based on the best interests of the child. The court does not start with a presumption that one parent is the better caregiver. Both parents are evaluated on the same factors.
At what age can a child decide which parent to live with?
There is no age in Colorado at which a child gets to decide. The court considers the child’s wishes when the child is mature enough to express a reasoned preference, but the final decision belongs to the judge.
Can a parent move out of state with the children?
Not without permission. Once a custody case is filed or a parenting plan is in place, a parent who wants to relocate the child’s residence to another state must give notice and, if the move is contested, obtain court approval. Colorado has its own relocation analysis under the best-interests framework.
What is the difference between a CFI and a PRE?
A Child and Family Investigator (CFI) conducts a limited-scope, lower-cost investigation and issues a written report to the court. A Parental Responsibilities Evaluator (PRE) conducts a more thorough mental health evaluation and is used in higher-conflict cases. Courts appoint one or the other depending on the issues and the family’s resources.
What is the difference between decision-making and parenting time?
Decision-making is the authority to make major decisions about the child, such as education, non-emergency healthcare, and religious upbringing. Parenting time is the schedule that determines when the child is with each parent. Colorado courts allocate them separately, and they do not have to track each other.
Can custody orders be changed?
Yes, but the standard depends on what is being changed. Modifying a Colorado custody order for parenting time requires showing the change is in the child’s best interests. Decision-making and the child’s primary residence are harder to change and require a substantial and continuing change in circumstances.
What happens if the other parent violates the parenting plan?
The court has several enforcement tools, including makeup parenting time, contempt of court, fines, attorney fees, and modification of the order. A pattern of denied parenting time is taken seriously by Colorado courts.
How long does a custody case take in Colorado?
A divorce-related case is subject to the 91-day decree waiting period and often closes within several months when uncontested. Contested cases that require investigation, evaluation, or a hearing typically take longer, sometimes a year or more.
Sources:
[1] C.R.S. § 14-10-124, Best Interests of the Child (governs parenting time and decision-making, including the domestic violence provisions in subsection (4)). | https://law.justia.com/codes/colorado/title-14/article-10/part-1/section-14-10-124/
[2] C.R.S. § 14-10-106, Dissolution of Marriage; Decree (91-day decree waiting period). | https://law.justia.com/codes/colorado/title-14/article-10/part-1/section-14-10-106/
[3] C.R.S. § 14-10-116.5, Child and Family Investigator. | https://law.justia.com/codes/colorado/title-14/article-10/part-1/section-14-10-116-5/