Colorado Child Custody Attorney
What Colorado Law Actually Decides in a Parenting Case
In Colorado, "custody" isn't the word the courts use, and that distinction matters more than most parents realize. Colorado law governs parenting through the allocation of parental responsibilities, which covers two separate questions: how much time your child spends with each parent, and who makes the major decisions about their upbringing. Understanding how those two tracks work, and how judges evaluate them, is the foundation of any sound parenting strategy.
I've practiced exclusively in Colorado family law since 1993. Every parenting case I take is handled personally, with a child-focused approach grounded in CRS 14-10-124, the statute that defines what "best interests of the child" actually means in a Colorado courtroom.
Parenting Time
This is the schedule: which parent the child lives with on weekdays, weekends, holidays, school breaks, and summers. Parenting time can be equal, primary with one parent, or structured around work schedules, school districts, or a child's specific needs. There is no presumption in Colorado law that equal time is always appropriate. The court evaluates what actually serves this child.
Decision-Making Responsibility
This governs who has authority over major decisions in four areas: education, medical care, extracurricular activities, and religious upbringing. Decision-making can be allocated jointly (both parents must agree) or solely to one parent. Joint decision-making is common but not automatic, it requires a baseline level of cooperation between the parents.
If you want a deeper look at how decision-making works and when sole authority may be warranted, the decision-making responsibility page covers that in full.
How Is Parenting Time Decided in Colorado?
Colorado judges apply the best interests of the child standard under CRS 14-10-124 to every contested parenting case. The statute lists specific factors the court must consider: not a formula, but a framework that gives the judge broad discretion.
The factors that carry the most weight in practice:
- The child's relationship with each parent and any siblings
- Each parent's ability to place the child's needs ahead of their own
- The child's adjustment to home, school, and community
- Each parent's willingness to support the child's relationship with the other parent
- Any history of domestic violence, abuse, or substance issues
- The child's own preferences, weighted by age and maturity
- Geographic proximity of the parents' homes
The outcome isn't determined by who files first or who makes the loudest claims. It's determined by evidence: parenting history, communication records, school involvement, and the credibility each parent demonstrates throughout the process.
The Parenting Cases I Handle
Unmarried Parents and Paternity
When parents were never married, parental rights don't attach automatically. A legal process is required to establish paternity and allocate parental responsibilities before either parent has enforceable rights. The unmarried parents page explains how that process works in Colorado.
Modifications of Existing Parenting Orders
Life changes, relocations, new schools, work schedule shifts, a parent's remarriage, a child's evolving needs. Colorado allows modification of parenting time and decision-making when there has been a substantial and continuing change in circumstances.
Grandparents' Family Time
Colorado's Aaliyah and Myah Act, codified at CRS 14-10-124.4, gives grandparents a legal path to seek family time with grandchildren when a parent's divorce, death, or unfitness has disrupted that relationship. These cases require a distinct legal standard and careful presentation of evidence. I handle them as a dedicated practice area.
Protection Orders Involving Children
When domestic violence, harassment, or safety concerns intersect with a parenting case, a civil protection order may need to be filed or defended simultaneously. These situations require immediate attention and coordinated strategy across both proceedings.
What Sets My Approach Apart From Other Colorado Parenting Attorneys
I don't approach parenting cases as a competition to be won. I approach them as a long-term structure to be built, one your child will live inside for years.
- 30+ years of Colorado family law experience, exclusively family law since 1993
- Solo practice: your case is handled by me, not delegated to an associate
- Partnerships with parenting coaches, the Split co-parenting app, and counseling referrals to support the whole family, not just the legal outcome
- Litigation skills when court is necessary; mediation advocacy when it isn't
- Competitive pricing relative to large-firm attorneys with comparable experience
The goal isn't to maximize conflict. It's to reach a parenting arrangement that holds, and that your child experiences as stability rather than battleground.
Frequently Asked Questions About Colorado Parenting Cases
Is custody called something different in Colorado?
Yes. Colorado eliminated the term "custody" from its family law statutes. Courts now use "allocation of parental responsibilities," which covers both parenting time (the schedule) and decision-making responsibility (authority over major decisions). The shift in language reflects a substantive change in how Colorado law frames the parent-child relationship — both parents retain rights and responsibilities unless the court finds specific reasons to limit them.
How is parenting time decided in Colorado?
Parenting time is decided based on the best interests of the child standard under CRS 14-10-124. The court evaluates a list of statutory factors — including each parent's relationship with the child, willingness to support the other parent's involvement, and any history of domestic violence or abuse. Parents can agree on a parenting plan without judicial intervention; if they can't, a judge decides after reviewing evidence and, in some cases, a child and family investigator's report.
Does Colorado favor equal parenting time?
Colorado law does not presume that equal parenting time is in every child's best interests — but it also does not favor one parent over the other based on gender. The court looks at the specific circumstances of each family. Equal time is common when both parents are actively involved and live in proximity, but the statutory standard is always what serves this particular child, not an abstract default.
Can a parenting order be changed after the divorce is final?
Yes, but Colorado sets a meaningful threshold. To modify parenting time, you must demonstrate a substantial and continuing change in circumstances since the last order was entered. Courts apply this standard to prevent repeated, destabilizing litigation. If the change in circumstances is genuine — a relocation, a significant shift in the child's needs, a parent's changed availability — modification is a viable path. I handle both modification requests and defenses against them.
At what age can a child decide which parent to live with in Colorado?
Colorado law does not set a specific age at which a child's preference controls. The court considers a child's wishes as one factor under CRS 14-10-124, weighted by the child's age and maturity. A teenager's reasoned preference carries more weight than a young child's stated preference. The child's best interests remain the overriding standard regardless of age.
Do I need an attorney for a parenting case, or can I handle it myself?
You can represent yourself in Colorado family court, but parenting cases involve legally significant decisions that affect your child for years. Procedural errors, incomplete parenting plans, and poorly drafted orders create problems that are expensive to fix later. An experienced attorney helps you avoid those problems from the start — and ensures the order you end up with actually reflects what you negotiated or argued for.
Ready to Talk Through Your Parenting Situation?
I offer virtual consultations statewide and in-person appointments at my Denver office. Whether you're at the beginning of a divorce, facing a custody dispute as an unmarried parent, or dealing with a parenting order that isn't working, I'm here to help you understand your options and move forward clearly.