Colorado Custody

In Colorado, the term “parental responsibilities” is used instead of “custody.” It refers to the rights and responsibilities of a parent to care for his/her child. When a judge makes a decision about parental responsibilities (called “allocation of parental responsibilities”), this includes decisions about how much parenting time each parent will have with the child and which parent will get decision-making responsibilities for the child.¹

The parent who has responsibility for decision-making can decide the child’s upbringing, including his or her education, health care, and religious training.² With respect to each issue affecting the child, the judge can allocate the decision-making responsibility to both parents jointly (mutual) or to one parent individually (sole) or can order split decision-making.¹ A judge will make this decision based on what is in the “best interests of the child,” while placing highest consideration on the child’s safety.³ To read all of the factors that a judge will consider when allocating parental responsibilities and parenting time, go to How will a judge make a decision about allocation of parental responsibilities?

¹ See generally C.R.S. § 14-10-124
² See C.R.S. § 14-10-130(1)
³ C.R.S. § 14-10-124(1.5)

A parenting plan sets out how much time each parent has with the child and how decisions about major issues affecting the child will be made, including educational, medical, and religious decisions.

Each party in a custody case can submit a parenting plan for the court’s approval that addresses the allocation of parental responsibilities in a way that s/he would like it to be. If no parenting plan is submitted by either parent, or if the judge does not approve the submitted parenting plan(s), the judge will make his/her own parenting plan that will address parenting time and the allocation of parental responsibilities based on what is in the best interests of the child.¹ For more information on how a judge will determine what is in the child’s best interests, see How will a judge make a decision about allocation of parental responsibilities?

¹ C.R.S. § 14-10-124(7)

According to Colorado law, both parents have equal rights and responsibilities towards their children if they were married or if paternity has been established.¹ For parents who were not married when the child was born, paternity can be established in court or when the father signs an acknowledgment of paternity.² To read additional ways that paternity can be established, go to our Selected Colorado Statutes page. The only way to legally change the equal right to make decisions about your child held by both parents is through a court order – usually after one or both parents file for allocation of parental responsibilities.

There are many reasons you might choose not to get an allocation of parental responsibilities order from a judge. You may decide not to get an order because you don’t want to get the courts involved or you may already have an informal agreement with the other parent that works well for you. You may think that going to court will provoke the other parent to seek more time with your child and more legal rights, which you do not want him/her to have.

However, in some cases, it is a good idea to get an allocation of parental responsibilities order from a judge. For example, it might make it easier to deal with the other parent because the rights and responsibilities for each parent would be stated clearly in the order. You will have to make this choice based on your particular situation. A lawyer might be able to offer you advice about which choice is right for you. To find a lawyer in your area, please see our CO Finding a Lawyer page.

If you go to court, a judge can give you (or the other parent):

• The responsibility to make decisions about education, healthcare, religion and other things for your child;
• A clear schedule listing where the child will live and when the child will have time with the other parent;
• Clear instructions for how and when the child will be transferred to the other parent and returned to you;
• An order preventing either parent from moving out of state with the child;
• The responsibility to make or receive child support payments; and/or
• The right to call the police or go back to court to enforce the order and hold the other parent in contempt (ask the court to punish the parent) if the other parent does not follow the court order.

¹ C.R.S. § 19-4-103
² C.R.S. § 19-4-105

The general rule is that Colorado state courts have authority to hear a custody case if Colorado is considered your child’s “home state”.¹ A child’s “home state” is generally the state where the child has most recently lived with a parent, or a person acting as a parent, for at least six consecutive months. In the case of a child less than six months old, the “home state” is the state where the child has lived from birth. A short, temporary absence from the state does not change anything.

If you and your child recently moved to a new state, generally you cannot file for custody in that new state until you have lived there for at least six months. Until then, either you or the other parent can start a custody action in the state in which your child most recently lived for at least six months.

Example: If a family has lived in Montana for one year and then one parent moved to Colorado with the children and filed in Colorado after living there for only four months, Montana is still the home state. Colorado would likely not have jurisdiction (power) over the custody of the children.

There are exceptions to the “home state rule.” For more information, please see the following section, What are the exceptions to the “home state” rule?

¹ C.R.S. § 14-13-102(7)(a)