Child Custody in Colorado

    Colorado no longer uses the term “Child Custody”. Instead, such matters are referred to as “Parental Responsibilities”. Parental Responsibilities are divided into “Parental Decision Making” and “Parenting Time”.

    In all cases involving children, a “Parenting Plan” must be submitted to the Court. A Court will approve the Parenting Plan if it is in the ”best interests” of the child. The parenting plan must include provisions for parental decision making and parenting time.

    Parental decision making involves decisions that affect the child such as where the child goes to school, what church the child attends, what doctor the child sees, etc. Parental decision making can be joint or sole. Parents usually agree on joint decision making. Even if parents can't agree on much, they usually can agree on what is best for the child. Joint decision making involves the parents consulting with each other and coming to an agreement about what action is in the child’s best interests. Sole decision making authority may be appropriate in unusual circumstances involving, for example, one parent’s absence or severe mental illness.

    Parenting time is an area where parents often have more trouble determining what is in the child’s best interests. A child’s best interests regarding parenting time is not merely a competition between parents to see who can win the most parenting time. It is becoming common for Courts to give equal parenting time to both parents, even with very young children. It is difficult to argue against a child’s spending as much time as possible with both parents.

    If parents cannot agree on parenting time, a Court may appoint a parenting time evaluator who will investigate and report to the Court with a recommendation as to the child’s best interests. The evaluator must meet certain standards and is usually a mental health professional (psychologist).

    One of the best things you can do to show that you are serious about parenting time is to meet your child support obligation.