What Determines Child Custody in Colorado?

Few family decisions carry more weight than deciding where a child will live and who will make decisions about their future. If you're preparing for a custody case, understanding child custody laws in Colorado is one of the best ways to ease anxiety. Colorado courts rely on the same legal standard in every case. Knowing what judges look for can help you better prepare for what's ahead.

Key Takeaways

How Do Child Custody Laws in Colorado Work?

Although most people still use the term "child custody," Colorado law uses a different phrase: Allocation of Parental Responsibilities (APR). The change reflects the state's focus on encouraging both parents to remain involved in their child's life whenever possible.

APR has two main parts. The first is parenting time, which determines when the child is with each parent. The second is decision-making responsibility, which covers major choices involving the child's education, medical care, religion, and other important aspects of their upbringing.

Whenever possible, parents are encouraged to create their own parenting plan outlining how these responsibilities will be shared. However, the court must review the agreement to ensure it serves the child's best interests. If the parents cannot reach an agreement, a judge will decide how parental responsibilities should be allocated.

The Child's Best Interests

Family court prioritizes the best interests of the child when making decisions that directly impact a child’s life. There is a general assumption that it’s in the child’s best interest to have both parents actively involved in the child’s upbringing. To achieve this, courts begin with a custody plan that involves both parents sharing parental rights and responsibilities. That way, parents can maintain frequent contact with their children to share love, affection, and guidance. The goal is to create a plan that supports the child’s emotional, physical, and developmental needs.

Rather than asking which parent is "better," the court examines what arrangement best supports the child's needs. Parents can present evidence to support their proposed custody plan. This may sometimes include evidence of potentially harmful behavior by the other parent, such as a history of addiction or domestic violence.

Factors Colorado Judges Consider

There is no single factor that guarantees one parent will receive more parenting time or decision-making responsibility than the other. Instead, judges evaluate the family as a whole. They consider each parent's relationship with the child, including the emotional bond, level of involvement, and the time spent together. The court also looks at which parent has been primarily responsible for the child's day-to-day care, such as attending medical appointments, helping with school, and managing daily routines. Maintaining stability is another priority, so judges consider the child's adjustment to their home, school, and community and often try to minimize unnecessary disruption.

A parent's willingness to foster a positive relationship between the child and the other parent can also influence the court's decision. Judges generally favor parents who can communicate and cooperate in support of their child's well-being. They may also consider the physical and mental health of both the parents and the child, particularly if it affects a parent's ability to provide care. Any evidence of abuse, neglect, domestic violence, or other safety concerns carries significant weight. Finally, if a child is mature enough to express a well-reasoned preference, the court may take their wishes into account, although the child's opinion is only one factor among many.

Does Colorado Favor Joint Custody?

There’s a common misconception that Colorado courts follow an automatic 50/50 rule. This is not the case. While family courts encourage both parents' involvement, they also recognize that this arrangement isn’t always in the best interest of the child. Equal parenting time is not guaranteed. Working with a family law lawyer who has experience representing parents in custody cases can help parents advocate for themselves and their children. With a lawyer’s assistance, a parent can present a custody plan with supporting documentation to show that it’s in the child’s best interest.

Can Child Custody Orders Be Modified?

Life changes, and what worked at one point may no longer be the best option. Colorado family courts recognize this, so to ensure families are best supported, child custody orders can be modified. Either parent can make a request for modification. However, they must be able to show that there has been a significant change in circumstances to warrant the modification.

The modification requested also needs to serve the child’s best interests. Colorado courts don’t take modifications lightly. Generally, judges try to preserve stability for the child over making repeated modifications. There is a two-year rule where parents must wait two years between modifications. There are exceptions to this rule when the child is in danger or their primary residence is changing.

Work With a Colorado Child Custody Attorney

Colorado courts focus on what will best support the child's health, stability, and overall well-being. Having experienced legal guidance can make all the difference. Altitude Family Law, P.C. is dedicated exclusively to family law, helping parents develop practical strategies and advocate for their interests throughout custody proceedings.

If you're facing a custody dispute, contact Altitude Family Law, P.C. to schedule a consultation.