CHILD CUSTODY REPRESENTATION IN COLORADO SPRINGS
A child custody case decides where your children live, how much time they spend with each parent, and who makes the major decisions in their lives. In El Paso County, those questions are answered under Colorado's allocation of parental responsibilities framework, the legal term that replaced "custody" in 1999.
Whether you are separating, were never married to the other parent, or need to change an existing parenting plan, the rules that apply depend on your situation. This guide explains how Colorado courts make these decisions, what the process looks like in the 4th Judicial District, and what changed in 2026.
The attorneys at Moran, Allen & Associates represent parents in custody matters throughout Colorado Springs, El Paso County, and Teller County.
TABLE OF CONTENTS
- How Colorado Defines Child Custody
- Who Can File for Parental Responsibilities
- How Courts Decide: The Best Interests Factors
- Domestic Violence, Child Abuse, and the 2026 Changes
- The Custody Process in El Paso County
- Modifying a Parenting Plan or Decision-Making
- When a Parent Wants to Relocate
- Enforcing Parenting Time Orders
- Custody for Military Families
- How Our Attorneys Help
- Frequently Asked Questions
- Sources
HOW COLORADO DEFINES CHILD CUSTODY
Colorado law no longer uses the word "custody" in divorce and parenting cases. Under C.R.S. § 14-10-103(4), references to custody were changed to "parental responsibilities" on and after February 1, 1999.
Parental responsibilities have two separate parts. The court decides each one independently, and a parent can share one while the other is allocated differently.
| Term | What It Covers |
|---|---|
| Parenting Time (formerly physical custody) | The schedule for when the child is with each parent, including weekdays, weekends, holidays, and school breaks. |
| Decision-Making Responsibility (formerly legal custody) | Authority over major decisions such as education, health care, and religious upbringing. |
| Mutual (Joint) Decision-Making | Both parents share responsibility for specified major decisions. It does not require equal parenting time. |
| Sole Decision-Making | One parent holds authority over some or all major decisions. The court can also split decisions issue by issue. |
| Majority Parenting Time | The parent with whom the child lives most of the time. This designation affects the schedule and certain modification and relocation rules, but it does not by itself give that parent decision-making authority. |
Every case ends with a parenting plan. Under C.R.S. § 14-10-124(7), either or both parents may submit a proposed plan, and if neither does or the court does not approve it, the court prepares one itself.
WHO CAN FILE FOR PARENTAL RESPONSIBILITIES
A parent can ask the court to allocate parental responsibilities as part of a divorce or legal separation. Unmarried parents can file a standalone petition in the county where the child permanently lives or is found, under C.R.S. § 14-10-123.
Nonparents, such as grandparents, have narrower options. A nonparent may file when the child is not in a parent's physical care, or after having physical care of the child for 182 days or more, as long as the petition is filed within 182 days after that care ends.
Which State Has Jurisdiction
Before a Colorado court can make an initial custody decision, it must have jurisdiction under Colorado's version of the Uniform Child-Custody Jurisdiction and Enforcement Act. The starting point is the child's "home state," which C.R.S. § 14-13-102(7) defines as the state where the child lived with a parent for at least 182 consecutive days immediately before the case was filed.
This matters for military families and anyone who has recently moved. Under C.R.S. § 14-13-201, physical presence in Colorado alone is not enough to give a court jurisdiction.
HOW COURTS DECIDE: THE BEST INTERESTS FACTORS
Every parenting time and decision-making order is based on the child's best interests. C.R.S. § 14-10-124(1.5)(a) lists the factors the court considers, and the statute makes the child's safety the paramount concern.
| Factor | What the Court Looks At |
|---|---|
| Wishes of the parents | What each parent is asking for and why. |
| Wishes of the child | Considered when the child is mature enough to express reasoned and independent preferences. It is one factor, not a deciding vote. |
| The child's relationships | The child's interaction with parents, siblings, and anyone else who significantly affects the child's best interests. |
| Domestic violence evidence | Reports from a child and family investigator, evaluator, or the child's legal representative, and other testimony about domestic violence. |
| Adjustment to home, school, and community | How settled the child is in current routines, schools, and activities. |
| Mental and physical health | The health of everyone involved. A disability alone is not a basis to deny or restrict parenting time. |
| Support for the other parent's relationship | Each parent's ability to encourage the child's love, affection, and contact with the other parent. Protective actions taken against domestic violence or abuse are not held against a parent. |
| Past involvement | Whether each parent's past involvement shows shared values, time commitment, and mutual support. |
| Distance between homes | How close the parents live to each other, as it affects a practical parenting time schedule. |
| Putting the child first | Each parent's ability to place the child's needs ahead of their own. |
Decision-Making Factors
For decision-making, the court adds factors under § 14-10-124(1.5)(b). These include credible evidence that the parents can cooperate and make decisions jointly, whether their past pattern of involvement shows that ability, and whether shared decision-making would promote more frequent contact between the child and each parent.
When Parenting Time Can Be Restricted
Colorado sets a high bar for limiting a parent's time. A court may restrict parenting time only after a hearing and a finding that the time would endanger the child's physical health or significantly impair the child's emotional development.
DOMESTIC VIOLENCE, CHILD ABUSE, AND THE 2026 CHANGES
House Bill 26-1309, titled "Abuse in Cases of Separation," was signed into law and took effect on May 27, 2026. It changes how Colorado courts handle parenting cases involving domestic violence, child abuse or neglect, and sexual assault that resulted in the conception of a child.
When those issues are raised, the court must make findings on the record, by a preponderance of the evidence, about whether a party committed the conduct. The bill moved the definition of domestic violence to C.R.S. § 14-10-103, where it now covers qualifying conduct whether or not it is a criminal offense, and excludes behavior a parent uses to protect themselves, the child, or other household members from the other parent.
If the court finds that a party committed domestic violence, child abuse or neglect, or sexual assault resulting in conception, mutual decision-making over the other parent's objection is not in the child's best interests. The court may order it only after making specific findings that shared decisions can happen without coercion, intimidation, retaliation, or risk of harm to the child or the abused parent.
Courts can also impose conditions on parenting time to protect the child and the abused parent, such as supervised parenting time or supervised exchanges. If you are dealing with abuse in your relationship, our protection order attorneys can explain how a civil protection order and your custody case interact.
THE CUSTODY PROCESS IN EL PASO COUNTY
El Paso County and Teller County make up Colorado's 4th Judicial District. Domestic relations cases in Colorado Springs are heard at the El Paso County Judicial Building at 270 S. Tejon Street.
Filing and Early Deadlines
An unmarried parent typically starts a case with the Judicial Branch's Petition for Parental Responsibilities (JDF 1031). In a divorce, parental responsibilities are decided as part of the dissolution case.
The El Paso County District Court's domestic relations case management order sets several early deadlines. Each party must make mandatory financial disclosures within 42 days of service, and the initial status conference is held within 42 days of the petition being filed.
Required Parenting Class
The El Paso County court requires a Level 1 parenting class in all domestic relations cases involving children under 18. Parents must complete it within 42 days of filing, through a provider on the 4th Judicial District's approved list, and file the certificate with the court.
Mediation
Under the court's case management order, mediation or another dispute resolution process is mandatory in El Paso County domestic cases that have contested issues. Parents can use a qualified private mediator or the 4th Judicial District's Office of Dispute Resolution, and failing to complete mediation can result in the final orders hearing being canceled.
There is an important safety exception. Under C.R.S. § 13-22-311, a court may not refer a case to mediation if a party says they have been the victim of physical or psychological abuse by the other party and is unwilling to mediate.
Investigators, Evaluators, and the Child's Representative
In disputed cases, the court may appoint a neutral professional to gather information and make recommendations. The three most common appointments are:
- Child and Family Investigator (CFI): A neutral investigator from the court's roster who interviews the parties, gathers information, and files a written report with recommendations under C.R.S. § 14-10-116.5.
- Parental Responsibilities Evaluator (PRE): A licensed mental health professional who conducts a more in-depth evaluation under C.R.S. § 14-10-127. The report must be provided at least 21 days before the hearing.
- Child's Legal Representative (CLR): A Colorado attorney appointed under C.R.S. § 14-10-116 to represent the child's best interests.
The Parenting Plan and Final Orders
If the parents reach agreement, the court reviews their parenting plan and adopts it if it serves the child's best interests. The Judicial Branch's Parenting Plan form (JDF 1113) covers decision-making, the regular schedule, holidays, exchanges, and communication.
If the parents cannot agree, the judge or magistrate decides the contested issues at a hearing. In a divorce, the decree cannot enter until at least 91 days after the court acquires jurisdiction over the responding spouse, under C.R.S. § 14-10-106.
MODIFYING A PARENTING PLAN OR DECISION-MAKING
Custody orders can change as children grow and circumstances shift, but the legal standard depends on what you are asking to change. Our post-decree modification attorneys handle each of the following.
Ordinary Schedule Changes
Under C.R.S. § 14-10-129(1)(a)(I), the court may modify parenting time whenever the change would serve the child's best interests. This covers adjustments that do not change which parent the child lives with most of the time.
Changing Which Parent Has Majority Time
A substantial change that also changes the majority-time parent requires more. Under § 14-10-129(2), the court must find a change in circumstances, based on facts that arose after the prior order or were unknown to the court at the time, and that the modification is necessary for the child's best interests.
The court keeps the existing schedule unless the parents agree, the child has been integrated into the other parent's family with consent, the majority-time parent is relocating, or the current environment endangers the child and the benefits of a change outweigh its harm. Once a motion of this kind is decided, a new one generally cannot be filed for two years unless affidavits show the child may be endangered or the majority-time parent intends to relocate.
Changing Decision-Making Responsibility
Decision-making follows a similar structure under C.R.S. § 14-10-131. The court must find a change in circumstances and that modification is necessary for the child's best interests.
Grounds include agreement of the parties, integration of the child with consent, a parenting time change that warrants a decision-making change, one parent consistently letting the other make decisions alone, or endangerment of the child. A two-year waiting period also applies to repeat motions.
WHEN A PARENT WANTS TO RELOCATE
Relocation cases are among the most contested in family law. Under C.R.S. § 14-10-129(1)(a)(II), a parent with majority parenting time who plans a move that would substantially change the child's geographic ties to the other parent must give written notice as soon as practicable.
The notice must include the new location, the reason for the move, and a proposed revised parenting plan. Relocation hearings receive priority on the court's docket.
In deciding whether to approve the move, the court considers the best interests factors, whether domestic violence has been proven by a preponderance of the evidence, and additional factors under § 14-10-129(2)(c). These include:
- The reasons for the move and the reasons for the objection
- The history and quality of each parent's relationship with the child since the last order
- Educational opportunities in each location
- Extended family in the current and proposed locations
- The anticipated impact of the move on the child
- Whether a realistic parenting time schedule can be created if the move is allowed
For moves out of state, the jurisdiction rules discussed above also apply. We represent both relocating parents and parents who oppose a proposed move.
ENFORCING PARENTING TIME ORDERS
When a parent refuses to follow a parenting time order, the other parent can file a verified motion under C.R.S. § 14-10-129.5. Within 35 days, the court must deny the motion, set a hearing, or order mediation.
If the court finds a violation, available remedies include:
- Make-up parenting time of the same type and length as the time missed
- Parenting classes or family counseling paid for by the violating parent
- A bond or other security to ensure future compliance
- Modification of the existing order
- Contempt, or a civil fine of up to $100 per incident
When a violation is found, the court must also order the violating parent to pay the other parent's attorney fees, court costs, and expenses. Child support and parenting time are separate obligations, and one cannot be withheld because of the other.
CUSTODY FOR MILITARY FAMILIES
Colorado Springs is home to Fort Carson, Peterson Space Force Base, Schriever Space Force Base, and the U.S. Air Force Academy. Deployments and permanent change of station orders create custody questions that civilian families rarely face.
Colorado addresses these through the Uniform Deployed Parents Custody and Visitation Act in Article 13.7 of Title 14. Key protections include:
- Deployment is not the sole basis for a decision: A parent's past or possible future deployment cannot be the only reason for a best interests determination.
- Notice of deployment: Where custody has already been decided, the deploying parent generally must notify the other parent within 12 calendar days of receiving orders, or as soon as reasonably possible.
- Temporary orders only: The court may enter an interim order during a deployment, but may not enter a permanent custody order without the deploying parent's consent.
- Delegation of caretaking time: On the deploying parent's motion, the court may grant caretaking time to a family member or another adult with a close relationship with the child, if it serves the child's best interests.
If your custody case is part of a military divorce, our military divorce page covers retirement division and other service-specific issues.
HOW OUR ATTORNEYS HELP
Our attorneys handle every stage of a parental responsibilities case in El Paso and Teller counties, including:
- Initial allocation of parental responsibilities in divorce and unmarried-parent cases
- Negotiating and drafting parenting plans, including deployment provisions for military families
- Representation in mediation and at contested hearings
- Working with child and family investigators and parental responsibilities evaluators
- Relocation cases for both the moving and the non-moving parent
- Modifications of parenting time and decision-making
- Enforcement motions when orders are not followed
- Cases involving domestic violence, child abuse allegations, or substance use
Custody and child support are closely connected, since the number of overnights each parent has affects the support calculation. We review both together so your parenting plan and support order fit your family.
Every case starts with a free consultation, where we review your situation, explain your options under Colorado law, and outline next steps.
FREQUENTLY ASKED QUESTIONS
Does Colorado Favor Mothers or Fathers in Custody Cases?
No. Colorado law does not give either parent a preference based on gender. The court applies the same best interests factors to both parents under C.R.S. § 14-10-124.
Is There a Presumption of 50/50 Parenting Time in Colorado?
No. Colorado does not presume an equal schedule. A bill proposing an equal parenting time presumption, SB26-027, was postponed indefinitely in committee in February 2026 and did not become law.
At What Age Can a Child Choose Which Parent to Live With?
Colorado sets no specific age. The court considers a child's wishes when the child is mature enough to express reasoned and independent preferences, but the child's preference is one factor among many.
How Long Does a Custody Case Take in El Paso County?
It depends on whether the parents agree. Early deadlines, including the parenting class and initial status conference, fall within 42 days of filing, and mediation through the court's Office of Dispute Resolution is typically scheduled at least four weeks after a request.
Contested cases with a child and family investigator or a full evaluation take longer, and divorce cases cannot conclude until at least 91 days after the court has jurisdiction over the responding spouse.
Can I Move Out of Colorado With My Child?
If you have majority parenting time and the move would substantially change the child's geographic ties to the other parent, you must give written notice with a proposed revised parenting plan. The court then decides whether the move serves the child's best interests if the other parent objects.
Do I Have to Go to Mediation if There Has Been Abuse?
No. Under C.R.S. § 13-22-311, the court may not refer a case to mediation if a party says they are the victim of physical or psychological abuse by the other party and does not want to mediate.
SOURCES
- C.R.S. § 14-10-103, Definitions (parental responsibilities terminology)
- C.R.S. § 14-10-106, Dissolution of marriage and legal separation
- C.R.S. § 14-10-116, Child's legal representative
- C.R.S. § 14-10-116.5, Child and family investigator
- C.R.S. § 14-10-123, Commencement of proceedings concerning allocation of parental responsibilities
- C.R.S. § 14-10-124, Best interests of the child
- C.R.S. § 14-10-127, Evaluation and reports
- C.R.S. § 14-10-129, Modification of parenting time
- C.R.S. § 14-10-129.5, Disputes concerning parenting time
- C.R.S. § 14-10-131, Modification of decision-making responsibility
- C.R.S. § 14-13-102, UCCJEA definitions
- C.R.S. § 14-13-201, Initial child-custody jurisdiction
- C.R.S. Title 14, Article 13.7, Uniform Deployed Parents Custody and Visitation Act
- C.R.S. § 13-22-311, Referral of cases to mediation
- Colorado General Assembly, HB26-1309, Abuse in Cases of Separation
- Colorado Session Laws 2026, HB26-1309 as enacted
- Colorado General Assembly, SB26-027, Parental Equality & Child Empowerment Act
- Colorado Judicial Branch, El Paso County Court Information
- Colorado Judicial Branch, El Paso County Forms and Parenting Class Requirement
- El Paso County District Court, Domestic Relations Case Management Order (FCF 400)
- Colorado Judicial Branch, Form a Parenting Plan