Who is entitled to allocation of parental responsibilities?
At least one of the child’s parents is entitled to be allocated (given) parental responsibilities, unless there is clear and convincing evidence that both parents are unfit. A non-parent may petition for allocation of parental responsibilities if s/he has physical care of the child for a period of six months or more and an action is commenced within six months of the termination of such physical care.1 The judge will allocate parental responsibilities according to what s/he believes is in the best interest of the child.
If only one parent is granted allocation of decision-making responsibilities by the judge, the other parent may still be granted parenting time. For more information, you may want to read the CO Department of Human Services’ booklet, A Parent’s Guide to Visitation: How to Establish and Enforce Parenting Time.
C.R.S. § 14-10-123(1)(b),(c)