Colorado Child Custody: A Parent's Guide

In short: Colorado doesn't use the word "custody" in its statute. It allocates decision-making responsibility (major decisions) and parenting time (the schedule) separately, under the umbrella of "allocation of parental responsibilities." There's no presumption of equal time; courts weigh a list of best-interest factors under C.R.S. § 14-10-124. Relocating with a child that substantially changes geographic ties requires written notice "as soon as practicable," with a proposed revised schedule.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Colorado family law attorney.

What Colorado generally provides

Colorado replaced the traditional "custody and visitation" framework with allocation of parental responsibilities (APR). Rather than awarding custody to one parent, courts allocate decision-making responsibility, which can be joint or sole, and set a parenting time schedule, based on the best interests of the child under C.R.S. § 14-10-124. The statute lists relevant factors without ranking them or presuming any particular time split.

Important terminology

• Allocation of parental responsibilities (APR): Colorado's umbrella term covering both decision-making and parenting time; the practical equivalent of "custody" in other states.
• Decision-making responsibility: authority over major decisions, education, health care, and religious upbringing, which can be joint or allocated to one parent.
• Parenting time: the actual schedule of when the child is with each parent.
• Best interest of the child: Colorado's controlling standard under § 14-10-124, based on all relevant factors rather than a fixed checklist outcome.

How custody works in Colorado

Decision-making and parenting time are decided separately

A court can order joint decision-making (both parents must agree on major decisions) or sole decision-making (one parent decides) independent of how parenting time is split. It's possible, and common, for parents to share decision-making responsibility while parenting time is not an even split.

Best-interest factors, without an equal-time presumption

Section 14-10-124 directs courts to consider all relevant factors, including the wishes of each parent, the child's own wishes if mature enough to express a reasoned preference, the child's relationship with parents, siblings, and others who significantly affect the child's life, the child's adjustment to home, school, and community, the mental and physical health of everyone involved, and each parent's ability to encourage a positive relationship between the child and the other parent. Where there's an accusation of domestic violence or abuse, the court must make specific findings before ordering unsupervised time.

Parenting schedules

Because Colorado's framework separates decision-making from the actual schedule, families commonly build parenting time around patterns like 2-2-3 or week on, week off, formalized in a parenting plan. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Under C.R.S. § 14-10-129, a parent who wants to relocate to a residence that substantially changes the geographical ties between the child and the other parent must give the other parent written notice as soon as practicable, including the intended new location, the reason for the move, and a proposed revised parenting time plan. Any court hearing on a resulting parenting time modification is given priority on the docket. When deciding whether to approve the change, the court weighs factors including any history of domestic violence, each party's reasons for wanting or opposing the move, the history and quality of each party's relationship with the child, and the educational opportunities at both the existing and proposed locations. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Colorado uses the income shares model under C.R.S. § 14-10-115: the statutory schedule, which applies up to $40,000 in combined monthly income, cross-references the parents' combined adjusted gross income against the number of children, then divides the resulting obligation proportionally. The official worksheet is Form JDF 1821.

Can an APR order be changed later? Yes, generally on a showing of changed circumstances and that a modification serves the child's best interest, though the standard for modifying parenting time is somewhat different than for modifying decision-making responsibility.

What if my co-parent won't follow the parenting time order? You can file a motion to enforce or for contempt with the court. Courts can order makeup parenting time and, in repeated or serious cases, hold a parent in contempt.

Practical considerations

Because Colorado weighs "all relevant factors" without a fixed formula or equal-time presumption, documenting your actual involvement, communication, and the child's day-to-day routine matters if decision-making or parenting time is contested, worth discussing directly with a Colorado family law attorney. Whatever the plan specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Colorado resources

• C.R.S. § 14-10-124 (Best Interests of the Child)
• C.R.S. § 14-10-129 (Modification of Parenting Time; Relocation)
• C.R.S. § 14-10-115 (Child Support Guidelines)

Related OnePage resources

• Custody schedule generator
• What is a parenting plan
• How to choose a custody schedule
• Moving to another state with shared custody

Related Colorado pages

• Colorado hub