How is child custody decided in Colorado?

Colorado child custody is governed by C.R.S. §§ 14-10-123 to 14-10-130.

1. Allocation of Parental Responsibilities (APR)

Colorado replaced 'custody' with Allocation of Parental Responsibilities (C.R.S. § 14-10-124). Two components:

Decision-making responsibility — major decisions about child's education, healthcare, religious upbringing. May be joint or sole.

Parenting time — schedule of time the child spends with each parent.

2. Best Interest Factors — Parenting Time (C.R.S. § 14-10-124(1.5)(a))

The court considers all relevant factors, including:

Wishes of the child's parents.

Wishes of the child if sufficient maturity to express reasoned and independent preferences.

Interaction and interrelationship of the child with parents, siblings, and any other significant person.

Child's adjustment to home, school, and community.

Mental and physical health of all individuals involved.

Ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party.

Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support.

Physical proximity of the parties.

Ability of each party to place the needs of the child ahead of their own.

3. Decision-Making Factors (C.R.S. § 14-10-124(1.5)(b))

In addition to the above, for decision-making:

Credible evidence of ability of the parties to cooperate and to make decisions jointly.

Whether the past pattern of involvement reflects mutual support.

Whether an allocation of mutual decision-making will promote more frequent or continuing contact.

If joint decision-making, the court shall consider whether the parties have demonstrated an ability to make decisions jointly.

4. No Presumption / No 'Tender Years'

Colorado has abolished the maternal preference. There is no presumption that one parent's allocation is preferred (C.R.S. § 14-10-124(1.5)).

5. Domestic Violence and Child Abuse

The court must consider any history of spouse abuse or child abuse. C.R.S. § 14-10-124(4) provides that joint decision-making with a parent who has committed an act of domestic violence is not in the best interest of the child absent specific findings.

6. Child's Preference

Factor 2 — no specific age. Colorado courts consider the wishes of children of sufficient maturity. Practically, weight increases with age, particularly age 12 and older.

7. Child and Family Investigator (CFI) / Parental Responsibilities Evaluator (PRE)

Colorado courts may appoint:

CFI (C.R.S. § 14-10-116.5) — typically a less expensive lay or attorney investigator.

PRE (C.R.S. § 14-10-127) — a licensed mental health professional providing a comprehensive evaluation.

8. Modification (C.R.S. § 14-10-129)

Parenting time: Generally best interest standard, though substantial modifications affecting majority residence are heightened.

Decision-making: Requires the court to find that retention of the prior order would endanger the child's physical health or significantly impair the child's emotional development, and that the harm of changing is outweighed by the advantage.

Within 2 years of a decision-making order: heightened endangerment showing.

9. Relocation (C.R.S. § 14-10-129)

A parent intending to relocate the child to a residence that substantially changes the geographical ties between the child and the other parent must give written notice to the other parent. In re Marriage of Ciesluk, 113 P.3d 135 (Colo. 2005) abolished any presumption in favor of the relocating parent — the court applies a 9-factor best-interest analysis.

This is legal information, not legal advice.