HOW DO COLORADO CUSTODY LAWS DECIDE WHERE CHILDREN LIVE?
Colorado custody laws do not award "custody" the way most people expect. A Colorado court allocates parental responsibilities, which has two parts: decision-making responsibility for major decisions about the child, and parenting time, the schedule of when the child is with each parent.
Every allocation turns on the best interests of the child, with the child's safety and physical, mental and emotional needs given paramount consideration under C.R.S. 14-10-124. The law does not favor mothers or fathers, and it does not presume a 50/50 split.
This guide explains the framework, including the May 2026 amendments. For quick answers to specific questions, see our page of common Colorado child custody questions.
TABLE OF CONTENTS
- Custody, Parental Responsibilities and Parenting Time
- The Best Interests Factors in C.R.S. 14-10-124
- How Courts Allocate Decision-Making Responsibility
- Parenting Plans and the JDF 1113 Form
- The Professionals: CFI, PRE and CLR
- Domestic Violence, Abuse and Child Safety
- Changing Orders and Relocation
- Enforcing Parenting Time Orders
- Interstate Cases and the UCCJEA
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
CUSTODY, PARENTAL RESPONSIBILITIES AND PARENTING TIME
Colorado replaced the word "custody" with "parental responsibilities" and replaced "visitation" with "parenting time." Under C.R.S. 14-10-103, the legislature said it did not intend the new words to change their meaning or to alter parents' legal rights.
| What people often say | What Colorado law calls it | What it covers |
|---|---|---|
| Legal custody | Decision-making responsibility | Major decisions such as school, medical and mental health care, religious activities and extracurriculars |
| Physical custody | Parenting time | The schedule of when the child is with each parent, including holidays and school breaks |
| Sole or joint custody | Decision-making allocated to one parent, both parents, or split by issue | Who decides; it does not set the schedule |
| Primary residential parent | The party with whom the child resides a majority of the time | A phrase the modification statute uses; it is not a separate legal status |
The two parts are independent. Parents can share decision-making while one parent has most of the parenting time, or have an equal schedule while one parent makes certain decisions alone.
The same framework applies to parents who never married. They file a separate petition under C.R.S. 14-10-123, and the court determines legal parentage as part of that case; see Colorado child custody laws for unmarried parents.
THE BEST INTERESTS FACTORS IN C.R.S. 14-10-124
The statute directs the court to give paramount consideration to the child's safety and to the child's physical, mental and emotional conditions and needs. The court must consider all relevant factors, including those listed below; the list is not a scorecard.
Factors for Parenting Time
- The parents' wishes as to parenting time.
- The child's wishes, if the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule. There is no set age; see whether a child can choose which parent to live with in Colorado.
- The child's interaction and relationships with parents, siblings and anyone else who may significantly affect the child's best interests.
- Any domestic violence report from a court-appointed professional, and other evidence that a party committed domestic violence, child abuse or neglect, or sexual assault resulting in the child's conception. The court must make findings on the record, by a preponderance of the evidence, on whether that happened.
- The child's adjustment to home, school and community.
- The mental and physical health of everyone involved. A disability alone is not a basis to deny or restrict parenting time.
- Each party's ability to encourage love, affection and contact between the child and the other party. If a parent is acting to protect the child from domestic violence or child abuse or neglect, those protective actions are not held against that parent on this factor.
- Whether each party's past involvement with the child reflects a system of values, time commitment and mutual support.
- How close the parties live to each other, as that affects the practical side of parenting time.
- Each party's ability to put the child's needs ahead of their own.
Additional Factors for Decision-Making
For decision-making, the court also weighs credible evidence of the parties' ability to cooperate and make decisions jointly. It asks whether their past involvement shows they can be joint decision-makers, and whether sharing decisions on one or more issues would promote more frequent or continuing contact between the child and each party.
What the Court Does Not Consider
The court may not consider a party's conduct that does not affect that party's relationship with the child. It also may not presume that either parent is better able to serve the child's best interests because of that parent's sex; our article on fathers' rights in Colorado explains what that means in practice. When a hearing on final orders is contested, the court must state on the record the factors it considered and why its allocation serves the child.
What Changed in 2024
House Bill 24-1350 added several protections. In deciding parenting time, the court must strive not to consider biased information or recommendations, including bias regarding religion, gender, gender identity, sexual orientation, culture, race, ethnicity, national origin or disability. If the court orders unsupervised parenting time despite information that the parent committed domestic violence, child abuse or child sexual abuse, including an accusation by the child, it must state on the record why that serves the child, with paramount consideration given to the child's safety.
HOW COURTS ALLOCATE DECISION-MAKING RESPONSIBILITY
The court may allocate decision-making responsibility mutually to both parents, individually to one parent, or in any combination, issue by issue. One parent might make educational decisions while both share medical decisions, for example.
Colorado's parenting plan form lists the issues most families address: school; medical, dental and mental health care; religious activities; extracurricular activities; and passports. Shared decision-making depends heavily on credible evidence that the two of you can actually cooperate, and it is sharply limited after a finding of domestic violence or child abuse, as explained below.
Two rules apply however decisions are divided. Under subsection (6) of C.R.S. 14-10-124, either parent may obtain necessary medical treatment for the child in an emergency without violating the decision-making order. And under C.R.S. 14-10-123.8, access to the child's records, including medical, dental and school records, cannot be denied to a party allocated parental responsibilities unless the court orders otherwise for good cause.
PARENTING PLANS AND THE JDF 1113 FORM
Every allocation is carried out through a parenting plan. Under subsection (7) of C.R.S. 14-10-124, both parties may submit a plan for the court's approval, and if no plan is submitted or the court rejects it, the court must write its own. When parenting time is contested, the plan must be as specific as possible to address the family's needs and the child's current and future needs.
The statute says a plan may include the type of decision-making, a practical parenting time schedule including holidays and school vacations, exchange procedures and transportation, and how the parents will communicate about the child. It may also cover how each parent communicates with the child during the other parent's time.
The Colorado Judicial Branch publishes a statewide form, the Parenting Plan, JDF 1113. It asks whether the parents fully agree, partly agree or do not agree, and it covers decisions, school-year and summer schedules, holidays, overnights, travel, phone contact, moving and child support. Our guides to Colorado parenting time schedules and splitting holidays in Colorado explain how to fill in the schedule sections.
Mediation
Under subsection (8) of the statute, a court may order mediation to help parents form, change or carry out a parenting plan, and may divide the cost. In the Fourth Judicial District, which covers El Paso and Teller counties, a blanket mediation order requires a remote mediation session of at least two hours before a court hearing in domestic cases. A party unwilling to mediate because of claimed physical or psychological abuse by the other party may ask the court for a waiver.
THE PROFESSIONALS: CFI, PRE AND CLR
In a contested case, the court may appoint a neutral professional on either party's motion or on its own.
| Role | Statute | Who serves | What they do |
|---|---|---|---|
| Child and Family Investigator (CFI) | C.R.S. 14-10-116.5 | An attorney, mental health professional or other qualified person from a court roster | Investigates, reports and makes independent recommendations; any wishes the child expresses must be disclosed in the report |
| Parental Responsibilities Evaluator (PRE) | C.R.S. 14-10-127 | A licensed mental health professional, or a county department of human services | Evaluates the disputed parenting issues and files a written report, due at least 21 days before the hearing; any party may call the evaluator for cross-examination |
| Child's Legal Representative (CLR) | C.R.S. 14-10-116 | A Colorado-licensed attorney | Represents the child's best interests; must consider the child's wishes but is not bound by them; cannot be called as a witness |
The same person cannot serve as both CFI and CLR. A "guardian ad litem" is the term used in some other kinds of cases, but it is not the standard appointment in a Colorado parental responsibilities case. Our article on whether your child needs a lawyer explains the CLR role.
The court generally orders one or both parties to pay these professionals, and CFI and PRE fees may be capped under a Chief Justice Directive. For a CFI or CLR, the state pays when the responsible parties are indigent, but before a decree of dissolution or legal separation only if both parties are indigent. Since the 2024 changes, CFIs and PREs must complete training in domestic violence, coercive control and child abuse: at least 20 hours initially and 15 hours every five years.
DOMESTIC VIOLENCE, ABUSE AND CHILD SAFETY
Safety comes first in every Colorado parenting case, and the rules were strengthened in 2026. House Bill 26-1309, signed and effective May 27, 2026, rewrote how C.R.S. 14-10-124 handles domestic violence, child abuse or neglect, and sexual assault resulting in a child's conception. It repealed the former subsection (4), which older articles still cite, and moved the domestic violence definitions to C.R.S. 14-10-103.
If the court finds by a preponderance of the evidence that a party committed one of those acts, mutual decision-making over the objection of the other party or the child's legal representative is not in the child's best interests. The only exception requires specific findings that shared decisions can happen without coercion, intimidation, retaliation or risk of harm to the abused party or the child.
After such a finding, the safety and well-being of the child and the abused party become the primary concern. The court must impose conditions on parenting time that protect them, such as protected exchanges, supervised time or restricted overnights, and must consider whether to prohibit or restrict that party's parenting time. If a parent was absent or left home because of the other party's abuse, that is not a factor in deciding the child's best interests.
The 2025 statutes posted online do not yet show these changes. For more, see how domestic violence affects child custody in Colorado. If a child faces imminent danger, a separate fast-track procedure applies, covered in our guide to emergency custody orders in Colorado.
A parental responsibilities case does not end a parent's legal relationship with the child; that is a separate and much rarer proceeding, discussed in our article on giving up parental rights in Colorado.
CHANGING ORDERS AND RELOCATION
Under C.R.S. 14-10-129, the court may modify parenting time whenever the change would serve the child's best interests, but two kinds of change carry tougher standards.
- Restricting a parent's time requires a finding that the parenting time would endanger the child's physical health or significantly impair the child's emotional development.
- A change that substantially alters parenting time and also changes the party with whom the child lives a majority of the time requires changed circumstances and a finding that the change is necessary to serve the child's best interests. After a motion of that kind, another generally cannot be filed until two years after the earlier one is decided, with exceptions for danger to the child and relocation.
Decision-making orders follow their own statute, C.R.S. 14-10-131. It also requires changed circumstances, and it generally bars a new motion within two years after a prior one is decided unless affidavits show the current order may endanger the child. Our post-decree modifications page covers the process.
A parent with majority parenting time who wants to move in a way that substantially changes the child's geographic ties to the other parent must give written notice as soon as practicable. The notice includes the new location, the reason, and a proposed revised parenting plan. If the parents cannot agree, the court weighs the statutory relocation factors, and under In re Marriage of Ciesluk (Colo. 2005) it may not presume that the move helps or harms the child (see our guide to child relocation cases in Colorado).
ENFORCING PARENTING TIME ORDERS
When a parent does not follow the schedule, either parent may file a verified motion under C.R.S. 14-10-129.5. Within 35 days, the court must decide whether there has been, or is likely to be, substantial or continuing noncompliance. It then denies the motion, sets a hearing, or sends the parents to mediation.
If the court finds a violation after a hearing, its order can include makeup parenting time, additional terms, parenting classes or family counseling at the violating parent's expense, a bond, a civil fine of up to $100 per incident of denied parenting time, a contempt finding, or a hearing to modify the allocation. The court must also order a parent who failed to provide or exercise court-ordered parenting time to pay the other party's attorney fees and costs for the motion.
The statute also directs the court to keep child support and parenting time separate: support may not be conditioned on parenting time.
INTERSTATE CASES AND THE UCCJEA
When parents live in different states, Colorado's Uniform Child-Custody Jurisdiction and Enforcement Act, C.R.S. 14-13-101 et seq., decides which state's court can hear the case. These are jurisdiction rules. They decide where a case belongs, not which parent should have the child.
- An initial case generally belongs in the child's home state: the state where the child lived with a parent, or a person acting as a parent, for at least 182 consecutive days immediately before the case began, or since birth for a child under six months old (C.R.S. 14-13-102 and C.R.S. 14-13-201).
- A Colorado court that made a custody determination keeps exclusive, continuing jurisdiction until a Colorado court finds that the child, the parents and anyone acting as a parent no longer have a significant connection with Colorado and that substantial evidence about the child is no longer here, or until a court finds that none of them presently lives in Colorado (C.R.S. 14-13-202).
- A Colorado court may take temporary emergency jurisdiction when the child is present here and has been abandoned, or when it is needed to protect a child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse (C.R.S. 14-13-204).
A federal law, the Parental Kidnapping Prevention Act (28 U.S.C. 1738A), works alongside these rules. It requires every state to enforce another state's custody and visitation determinations made consistently with the federal statute, and it generally lets another state modify them only if the original state no longer has jurisdiction or has declined to use it.
Military families who move on orders meet these rules often; see our page on military divorce in Colorado Springs.
FREQUENTLY ASKED QUESTIONS
Does Colorado Still Use the Word Custody?
Not as its main legal term. Colorado's divorce and parenting statutes changed "custody" to "parental responsibilities" and "visitation" to "parenting time," and said the change did not alter parents' legal rights, although a few laws, such as the interstate jurisdiction act, still use "custody."
Is There a Presumption of Equal Parenting Time in Colorado?
No. A 2026 bill that would have created one, Senate Bill 26-027, was postponed indefinitely in committee, so courts still decide each case on the child's best interests.
Can a Parent Without Decision-Making Responsibility See School and Medical Records?
Generally yes. C.R.S. 14-10-123.8 provides that access to a child's records cannot be denied to a party allocated parental responsibilities unless the court orders otherwise for good cause.
Who Pays for a Child and Family Investigator?
The court orders one or more of the parties to pay the CFI's fees, which may be capped under a Chief Justice Directive. If the responsible parties are indigent, the state pays, although before a decree of dissolution or legal separation that applies only if both parties are indigent.
What Happens If We Cannot Agree on a Parenting Plan?
Each parent can submit a proposed plan, and in El Paso and Teller counties a local court order generally requires mediation before a hearing unless the court waives it. If there is still no agreement, the judge decides and adopts or writes a plan based on the best interests factors.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
Colorado custody laws give judges broad discretion, so the details of your family matter more than any general rule. A lawyer can help you apply the factors to your child, build a workable parenting plan, and decide what to file first.
Moran, Allen & Associates Family Law Attorneys represents parents in El Paso and Teller counties. Call our Colorado Springs office at (719) 447-0762 or our Woodland Park office at (719) 686-7554, or schedule a free consultation. You can also read more about our child custody representation in Colorado Springs.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws and court procedures change, and the right approach depends on your facts, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- C.R.S. 14-10-103, Definitions and Interpretations of Terms
- 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. 14-10-123.8, Access to Records
- C.R.S. 14-10-124, Best Interests of the Child (2025 compilation)
- 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
- In re Marriage of Ciesluk, No. 04SC555 (Colo. June 6, 2005), Colorado Supreme Court opinion on relocation
- C.R.S. Title 14, Article 13, Uniform Child-Custody Jurisdiction and Enforcement Act
- C.R.S. 14-13-102, Definitions (Home State)
- C.R.S. 14-13-201, Initial Child-custody Jurisdiction
- C.R.S. 14-13-202, Exclusive, Continuing Jurisdiction
- C.R.S. 14-13-204, Temporary Emergency Jurisdiction
- 28 U.S.C. 1738A, Parental Kidnapping Prevention Act (Full Faith and Credit Given to Child Custody Determinations)
- Colorado General Assembly, HB26-1309, Abuse in Cases of Separation (signed May 27, 2026)
- Colorado Session Laws 2026, Chapter 163 (HB26-1309 as enacted)
- Colorado General Assembly, HB24-1350 as signed
- Colorado General Assembly, SB26-027, Parental Equality and Child Empowerment Act (postponed indefinitely)
- Colorado Judicial Branch, Parenting Plan (JDF 1113)
- Fourth Judicial District, Blanket Order to Alternative Dispute Resolution/Mediation in Domestic Cases (FCF 300A)