Colorado does not use the term "custody" in its statutes anymore. Instead, courts allocate "parental responsibilities" — decision-making authority and parenting time — with one central question in mind: what is in the best interests of the child?
The Best Interests Standard
Colorado courts weigh a specific list of factors, including the wishes of the parents, the wishes of the child (if mature enough), the child's relationship with each parent and siblings, adjustment to home and school, mental and physical health of everyone involved, and each parent's ability to encourage a relationship with the other parent.
Decision-Making vs. Parenting Time
These are two separate legal concepts. Decision-making covers major issues like education, non-emergency medical care, and religious upbringing. Parenting time is the schedule — where the child sleeps on which nights. It is common for parents to share decision-making but have unequal parenting time, or vice versa.
When Parents Cannot Agree
Mediation is required in most Colorado counties before a contested hearing. If mediation fails, the court can appoint a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE) to make recommendations. Their reports carry significant weight, so preparing thoroughly for these interviews matters.
Modifying an Existing Order
Orders can be modified when there has been a substantial and continuing change in circumstances. Parenting time schedules can generally be revisited more easily than decision-making, but the court still applies the best interests standard every time.
