Colorado Child Custody Laws: Parenting Time, Plans, and Filing

Colorado child custody laws are gathered under a framework the state calls the Allocation of Parental Responsibilities, which splits what most people call “custody” into two separate pieces: decision-making authority over major issues in the child’s life, and parenting time (the physical schedule). Every decision a Colorado court makes on either piece runs through the best interests of the child standard in C.R.S. § 14-10-124.¹ There is no automatic presumption for joint arrangements, no automatic tie between overnight counts and decision-making power, and a set of filing steps and deadlines that catch unprepared parents off guard.

The Best Interests Standard Drives Every Decision

Under C.R.S. § 14-10-124, the court gives paramount consideration to the child’s safety and physical, mental, and emotional needs.¹ Beyond safety, judges weigh the wishes of the parents, the child’s relationships with parents and siblings, and how well the child has settled into their current home, school, and neighborhood.

Judges also look at whether each parent can encourage a healthy relationship between the child and the other parent. A parent who consistently undermines that bond or makes unilateral decisions about the child’s life will face scrutiny. Past involvement in day-to-day parenting matters, and so does the physical and mental health of everyone in the household. Any history of domestic violence or child abuse carries significant weight and can reshape the entire outcome.

If the court orders unsupervised parenting time despite an accusation involving domestic violence, child abuse, or child sexual abuse, the judge must explain on the record why unsupervised contact serves the child’s best interests.¹

Decision-Making Authority Is Separate From Parenting Time

Decision-making authority is the legal right to make major choices about a child’s education, healthcare, religious upbringing, and extracurricular activities. Colorado law does not presume that this authority is joint. The statute lets judges allocate it jointly, solely to one parent, or in any combination that serves the child’s best interests.¹ A court might give one parent sole authority over medical decisions while requiring joint agreement on education.

Joint decision-making requires parents to consult each other and reach agreement before making significant changes in the child’s life. When parents cannot communicate on basic issues, or when there is credible evidence of domestic violence or abuse, a judge is far more likely to award sole authority to one parent. Importantly, this is separate from the physical schedule. A parent with limited overnights can still hold joint decision-making authority, and a parent with majority overnights can still be denied sole decision-making power.

Parenting Time and the 93-Overnight Threshold

Parenting time is the actual schedule that determines when the child is with each parent. Colorado uses a specific overnight threshold to classify arrangements. When each parent has at least 93 overnights per year, the arrangement qualifies as shared physical care. If one parent has fewer than 93 overnights (meaning the other has 273 or more), the arrangement is sole physical care, and the parent with the majority is the primary residential parent.²

That 93-night line isn’t just a label. It changes how child support is calculated. Colorado uses an income shares model, which estimates what parents would have spent on the child if the family had stayed intact and divides that cost proportionally based on each parent’s income.² When one parent has 273 or more overnights, the other parent’s calculated share becomes their support payment. When both parents clear 93 overnights, an obligation is computed for each parent based on the time the child spends with the other, and the two amounts are offset so the parent who owes more pays the difference.

The guideline sets a minimum order of $50 per month for one child at the lowest incomes, scaling up to $150 per month for six or more children. It covers combined incomes up to $30,000 per month; above that, courts decide case by case.

Schedules themselves are tailored to the child. For infants and toddlers, judges often favor more frequent but shorter visits to maintain attachment with both parents. Older children might follow an alternating-week schedule or a 5-2-2-5 rotation. Work schedules, distance between homes, and school location all factor into what the court treats as workable.

Supervised Parenting Time

When a parent files a motion alleging that the child faces imminent physical or emotional danger during contact with the other parent, the court must hear the motion within 14 days. During that waiting period, any parenting time with the accused parent must be supervised by an unrelated third party approved by the court or by a licensed mental health professional.³

What the Parenting Plan Has to Cover

Colorado requires parents to submit a parenting plan addressing both decision-making and parenting time. If neither parent submits one, or if the court rejects a submitted plan, the judge will create one.¹ The standard form is JDF 1113, and the plan needs to address more ground than most parents expect:⁴

Decision-making allocation for education, medical and dental care, mental health, religious activities, extracurriculars, and passport authorization.
The school-year schedule, with specific weekday and weekend arrangements and transportation details for exchanges.
A separate summer schedule, or a statement that the school-year schedule continues through summer.
Holidays and special occasions, including school breaks, cultural and religious holidays, state holidays, and birthdays. The holiday schedule overrides the regular rotation when they conflict.
The exact number of overnights per year for each parent out of 365.
Travel and communication rules, including notification for overnight and out-of-state travel and phone access during the child’s waking hours.
Child support amount, frequency, start date, and payment method.
Health insurance responsibility and how extraordinary medical costs are split.
Which parent claims the children as dependents for taxes.
A dispute resolution process, such as mediation or arbitration, for future disagreements.

Courts favor plans that are as specific as possible, especially when parenting time is contested. Vague plans generate future fights; detailed ones don’t.

Filing the Case: Jurisdiction, Forms, and Fees

A Colorado court can only decide custody if it has jurisdiction. Under the Uniform Child-Custody Jurisdiction and Enforcement Act adopted in Colorado (C.R.S. § 14-13-201), the child must have lived in Colorado for at least 182 consecutive days before the case is filed. Colorado can also retain jurisdiction as the child’s home state for 182 days after the child leaves, if a parent still lives here.⁵ If your child hasn’t lived here long enough, you may need to file in the state that qualifies as the child’s home state.

Outside of a divorce, the primary form is the Petition for Allocation of Parental Responsibilities (JDF 1413). If custody is part of a divorce, you use the Petition for Dissolution of Marriage (JDF 1000) with a Case Information Sheet.⁶ Both require detailed information about where the child has lived for the past five years, including the name, address, and relationship of every person the child lived with during that time.

File the paperwork with the clerk of the district court in the county where the child lives. The filing fee for a standalone custody petition is $252. For a divorce filing, it’s $260.⁷ Fee waivers are available for parents who can’t afford the cost.

Deadlines After Filing

The other parent must be formally served. Once served, they have 21 days to file a response if served in Colorado, or 35 days if served out of state.⁸

An initial status conference must take place no later than 42 days after the petition is filed.⁹ It sets the timeline for the rest of the case, identifies contested issues, and determines whether mediation is needed.

Within 40 days of being served, both parents must exchange mandatory financial disclosures under Rule 16.2, including a Sworn Financial Statement and supporting schedules. No formal discovery request is needed; the rule triggers the obligation automatically. The sworn financial statement and supporting schedules get filed with the court, while other disclosure documents are exchanged only between the parties.⁹ Have them ready by the initial status conference.

Courts can also order both parents to attend a parenting education program covering the impact of separation on children and cooperative co-parenting strategies.¹⁰ The statute says “may order,” but most judicial districts treat it as standard early in the case. Approved provider costs generally run about $20 to $135.¹¹

When the Court Appoints a Child and Family Investigator

In contested cases, the court can appoint a Child and Family Investigator (CFI). This is a neutral third party whose sole job is to help the court figure out what arrangement best serves the child, with safety taking priority.¹² The CFI interviews both parents, may speak with the child, investigates any safety concerns, and files a written report with recommendations. The CFI can also be called to testify.

Cost catches most parents off guard. The presumptive maximum fee for a CFI’s investigation and report is $3,250, with an additional cap of $500 for testimony and preparation. Either cap can be exceeded only with a written court order explaining the extraordinary circumstances.¹³ The court decides how the fees are split.

Modifying an Existing Order

A court can modify an existing parenting time order whenever doing so serves the child’s best interests.³ Minor schedule adjustments face a relatively straightforward standard. A substantial change that shifts which parent the child lives with most of the time is much harder.

For a major modification, the parent seeking the change must show that circumstances have changed since the original order (or that facts existed at the time but weren’t known), that the modification is necessary for the child’s best interests, and that at least one of these applies:

Both parents agree to the change.
The child has been integrated into the requesting parent’s household with the other parent’s consent.
The residential parent intends to relocate in a way that substantially changes the child’s geographic ties to the other parent.
The child’s current environment endangers their physical health or significantly impairs their emotional development, and the benefit of a change outweighs the harm of disruption.

There’s also a two-year cooling-off period. After a major modification motion is decided, no new motion for a substantial change can be filed within two years unless the child’s current environment poses a danger to their health or emotional development, or the residential parent plans to relocate in a way that substantially changes the child’s geographic ties.³

Courts are also prohibited from restricting a parent’s existing parenting time unless the time would endanger the child’s physical health or significantly impair their emotional development. If a restriction is imposed, the judge must state specific factual findings supporting it.

Relocating With the Child

Moving away with the child is one of the most heavily litigated issues in Colorado custody cases. When the parent with majority overnights plans to relocate to a residence that substantially changes the geographic ties between the child and the other parent, that parent must provide written notice as soon as practicable. The notice must include the intended new location, the reason for the move, and a proposed revised parenting time schedule.³

If the other parent objects, the court holds a hearing that receives priority on the docket. Beyond the standard best-interests factors, the judge considers:

Why the relocating parent wants to move and why the other parent objects.
The history and quality of each parent’s relationship with the child.
Educational opportunities at both locations.
The presence of extended family at each location.
Any advantages of the child remaining with the primary caregiver.
The anticipated impact of the move on the child.
Whether a workable parenting time schedule can be designed if the move is allowed.

Judges don’t rubber-stamp moves, even when the relocating parent has a good reason like a job offer or family support. If the move would make the other parent’s meaningful involvement nearly impossible, the court may deny it or change the primary residential arrangement.

Enforcing a Parenting Time Order

A parenting time order is a court order, and ignoring it has real consequences. When one parent consistently denies or fails to exercise court-ordered parenting time, the other parent can file a verified motion alleging noncompliance. The court has 35 days from the filing to determine whether substantial or continuing noncompliance has occurred and may set a hearing or send the parents to mediation.¹⁴

If the court finds a violation, the available remedies include:

Makeup parenting time of the same type and duration (weekends for weekends, holidays for holidays), scheduled at the aggrieved parent’s choosing, within six months of the violation or one year for holidays.
A civil fine of up to $100 per incident of denied parenting time.
A finding of contempt of court, which can include a jail sentence.
Court-ordered parenting education or family counseling, paid for by the violating parent.
A bond requirement guaranteeing future compliance.
Modification of the existing order.

The financial risk goes beyond fines. If the court finds a violation, the offending parent must pay the other parent’s attorney fees, court costs, and expenses for bringing the enforcement action. If the motion is denied and no violation is found, the parent who filed can be ordered to pay the other side’s costs instead.¹⁴ Filing an enforcement motion without solid evidence is a gamble that can backfire.

1
Justia. Colorado Code 14-10-124 – Best Interests of the Child
2
Justia. Colorado Code 14-10-115 – Child Support Guidelines
3
Justia. Colorado Code 14-10-129 – Modification of Parenting Time
4
Colorado Judicial Branch. Parenting Plan JDF 1113
5
Justia. Colorado Code 14-13-201 – Initial Child-Custody Jurisdiction
6
Colorado Judicial Branch. JDF 1413 – Petition for Parental Responsibilities
7
Colorado Judicial Branch. List of Fees
8
Colorado Judicial Branch. Colorado Rules of Civil Procedure
9
Colorado Judicial Branch. Colorado Rules of Civil Procedure Rule 16.2 – Case Management in Domestic Relations
10
Justia. Colorado Code 14-10-123.7 – Parenting Education
11
Colorado Judicial Branch. Parenting Class Providers
12
Justia. Colorado Code 14-10-116.5 – Child and Family Investigator
13
Colorado Judicial Branch. CJD 04-08 Concerning Child and Family Investigators
14
Justia. Colorado Code 14-10-129.5 – Disputes Concerning Parenting Time