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Understanding Sole Legal Custody: What You Need to Know

Sole decision-making responsibility gives one parent the authority to make major decisions about a child’s upbringing, such as education, health care, and religion. Colorado courts can give that authority to one parent for all issues or only for specific categories, depending on the child’s best interests.

It is different from parenting time. A parent can have sole decision-making while both parents share time with the child.

How Colorado Allocates Decision-Making

In Colorado child custody cases, the court can allocate decision-making on each issue mutually to both parents, individually to one parent, or in any combination.1 In deciding, the court considers the parents’ ability to cooperate and make decisions jointly, their past involvement, and whether mutual decision-making would promote contact with both parents.

What Sole Decision-Making Covers

Unless the parents agreed otherwise in writing, the parent with decision-making responsibility may decide the child’s education, health care, and religious training. The court can limit that authority if the child’s physical health or emotional development would otherwise be at risk.2

In a medical emergency, either parent can get necessary treatment for the child without violating the decision-making order.3

When Courts Order Sole Decision-Making

Courts often order sole decision-making when parents cannot communicate or cooperate on major issues.

A finding that a parent committed domestic violence, child abuse or neglect, or sexual assault that led to the child’s conception changes the analysis. Joint decision-making over the other parent’s objection is then not in the child’s best interests. The exception is a specific finding that joint decisions can be made without coercion, intimidation, retaliation, or risk of harm.4

Whether to seek sole or shared decision-making depends on evidence of cooperation and the child’s needs. Johnson Law Group offers a no-pressure consultation to evaluate your situation, so schedule a consultation before you file.

Weighing Sole Decision-Making

  • Possible benefits: Clear authority avoids deadlock when parents cannot agree, which can protect a child from prolonged conflict.
  • Possible drawbacks: One parent carries the full weight of major decisions, and the other parent may feel shut out, which can strain co-parenting.

Changing a Decision-Making Order

After a motion to modify decision-making is decided, another generally cannot be filed for two years unless there is reason to believe the current order may endanger the child. The court keeps the existing allocation unless, for example, the parents agree, a parenting time change warrants it, or the current allocation endangers the child.5

Modification standards for parenting time are different, and modifying custody orders in Colorado sets out both.

Talk With a Colorado Child Custody Attorney

Decision-making authority shapes your child’s schooling, health care, and upbringing for years. Johnson Law Group is here to help.

The attorneys at Johnson Law Group help parents seek, defend, and modify decision-making orders and will give you a clear read on your options. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

Sources

[1] C.R.S. § 14-10-124(1.5)(b) – Decision-making allocated mutually, individually, or in combination; factors | https://colorado.public.law/statutes/crs_14-10-124
[2] C.R.S. § 14-10-130(1) – Decision-maker may determine education, health care, and religious training unless limited by the court | https://colorado.public.law/statutes/crs_14-10-130
[3] C.R.S. § 14-10-124(6) – Either party may obtain emergency medical treatment for the child | https://colorado.public.law/statutes/crs_14-10-124
[4] C.R.S. § 14-10-124(1.5)(c)(I), added by House Bill 26-1309 (2026) – Mutual decision-making over objection not in the child’s best interests after a finding of domestic violence, child abuse or neglect, or sexual assault, absent specific findings | https://leg.colorado.gov/bill_files/116594/download
[5] C.R.S. § 14-10-131(1)-(2) – Two-year limit on successive motions; prior allocation retained unless listed circumstances apply | https://colorado.public.law/statutes/crs_14-10-131

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