Whether you are getting divorced or have already broken up with your ex, if you share minor children, you might need to go through a legal process to decide on custody. In Colorado, this is referred to as allocation of parental responsibilities. It consists of both parenting time (physical custody) and decision-making responsibility (legal custody).

Colorado courts make custody decisions in the best interests of the child. You can also negotiate a parenting plan with your co-parent, which often can lead to a better outcome. Our Colorado Springs child custody attorneys can work with you to help you understand your rights and options and then advocate for you throughout the process.

At Ascent Legal Group, we know that parental responsibility issues are some of the most emotionally fraught legal cases that our clients will ever experience. We offer committed, compassionate legal representation to clients throughout Colorado. Reach out to our family law firm today to schedule a free consultation with a Colorado family lawyer.

Understanding Allocation of Parental Responsibilities in Colorado

In Colorado, child custody is known as Allocation of Parental Responsibilities, or APR. It consists of two components:

1. Decision-making responsibility is the authority to make important decisions for the child(ren). In other states, this is often referred to as legal custody.
2. Parenting time determines who gets to see the children and when they get to see them. Other jurisdictions often use the term physical custody for parenting time.

When deciding on APR, courts will determine what is in the best interests of the child. Below, we break down each aspect of parental responsibilities and go into more detail about how custody decisions are made in Colorado.

Decision-Making Responsibility

Decision-making responsibility, or legal custody, is the ability of a parent to make decisions about major issues in a child’s life. Whenever possible, courts prefer to award joint decision-making responsibility as part of a parenting plan. However, the ultimate decision will be made in the best interests of the child, which will include a consideration of whether the parents can cooperate and make decisions together. 

There is no list of what constitutes a decision that must be made jointly, but the following are typically looked as major issues that require joint decision-making:

• Education, including what school the child should attend, whether the child should be home schooled, and if the child should be evaluated for learning-related disabilities and receive support at school.
• Healthcare decisions, including which providers the child sees, whether they can have surgery or an elective medical procedure, and whether the child receives certain vaccinations. Generally, if the parents have joint decision-making responsibility, then they are required to agree on anything other than minor treatment (like going to the doctor for an ear infection or other minor illness or injury). If there is a disagreement between the parents over a medical issue, then generally the parent who is following medical advice will prevail.
• Religion, including what religion the child will be and if they will attend services or participate in certain rites.

There is also a broad category for the general welfare of a child, which can include a range of issues. For example, one parent might be willing to let their teenager get their driver’s license, while the other believes that the teen is not responsible enough yet. Because this decision affects both parents, it should typically be a joint decision.

One big area of potential conflict when it comes to the welfare of a child involves what activities that child can do. One parent might want to sign their child up for a travel soccer team, for example, but the time required for the sport will affect both parents. Even if the first parent is willing to pay all costs and do all of the driving, practices, and games will likely cut into the second parent’s time with the child. For this reason, it is important that parents consult with each other and try to come to a mutual decision about activities like this.

When it comes to decision-making responsibility, most parenting plans require parents to provide each other with information about things involving their children (such as the name of the child’s pediatrician). This can help parents coordinate and make decisions jointly. However, this does not mean that one parent has to essentially serve as an assistant to the other parent, particularly when the information (like a school calendar) is readily accessible to both parents. 

If there is a dispute, a court will often come down in favor of the parent who is actively participating in things like parent-teacher conferences and doctor’s appointments. 

A carefully-drafted parenting plan should take into account the reality that working cooperatively with your ex can be hard, even when you both think that you are doing right by your kids. For example, it should also include dispute resolution options so that parents can avoid paying lawyers and going to court every time they disagree about something related to their children. Our Colorado child custody lawyers can help you draft a parenting plan that can take these and other factors into account so that your co-parenting journey is as seamless as possible.

Parenting Time

Parenting time, or physical custody, determines when each parent sees their kids. It includes both where the children will live and what the parenting schedule should be. Parenting time decisions are made based on the best interests of the child.

Generally, courts tend to start parenting time determinations with the presumption that parents should have equal time with their kids. This does not necessarily mean that the ultimate decision will be a 50-50 split of parenting time. Instead, it means that courts will start the decision-making process with both parents on equal footing.

Of course, there are a lot of reasons why parenting time might not be equal. One parent might not want as much time because of their work schedule or for other reasons. If old enough, the child might express their preference to be with one parent more than the other. If the child is young, there might be a reason for them to continue spending more time with the primary parent. If the parents don’t live close enough to each other to share time equally, that will also play into the decision.

For parents who are local to each other, the typical parenting time schedule for roughly equal physical custody is typically one of two options:

1. Week-on, week-off: The child alternates living at each parent’s house on a weekly basis. This is often better for older children who can adapt to not seeing the other parent as frequently when they are away.
2. 2-5-5-2 split: With this schedule, one parent has the child every Monday and Tuesday night, while the other parent has every Wednesday and Thursday night. The parents then alternate long weekends (Friday through Sunday night). This looks complicated, but on a calendar, it works out so that one parent has 5 days of custody out of a week and then the following week, the other parent has 5 days of custody. This schedule offers more predictability and is often better for younger kids.

Of course, parents can also come up with a parenting time schedule that works best for them. Depending on work and other factors (like activities), there might be an advantage to a different plan. For example, it might work out best if the children live with one parent during the school week and stay with the other parent every other weekend.

Parenting time plans must also address holidays and vacations. Again, the preference is often to split these times, but there may be good reasons to do something different.

For parents who live farther apart, the parenting time schedule is fairly different. Typically, the child will primarily live with one parent. They will then see their other parent at different times throughout the year, such as several weeks in the summer, over winter break, and over the weekend.

Parenting time decisions can be made by agreement between the parties or decided by the court under the best interests of the child standard. If you are interested in working out a custody arrangement with your spouse or ex, our Colorado child custody attorneys can help. We can also represent you in court if you need to establish parenting time or want to modify your current arrangement.

How Is APR Decided in a Colorado Child Custody Case?

In Colorado, all custody decisions, including both decision-making responsibilities and parenting time, are made in the best interests of the child. Under this law, when a court makes a custody decision, it is not necessarily about what the parents want. Instead, the focus is on what would be best for the child or children.

Factors That Determine Parenting Time

Colorado law sets out specific factors that a judge is required to consider when determining what is in the child’s best interests when it comes to the allocation of parental responsibilities. For parenting time, a court will look at the following 9 factors:

1. The parents’ wishes.
2. The child’s wishes, “if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.”
3. The relationship between the child and parents, siblings, and any other person who significantly affects the child’s best interests.
4. The child’s adjustment to home, school, and community.
5. Mental & physical health of everyone involved (but disability alone cannot be a basis to deny or restrict parenting time).
6. The parties’ abilities to encourage sharing of love, affection & contact between the child and the other parent (but actions to protect a child from witnessing or suffering abuse shall not be considered for this factor.
7. Whether the parties’ past involvement shows a system of values, time commitment, and mutual support.
8. How far apart the parties live
9. The ability of each party to place the needs of the child ahead of his or her own needs.

Additional Factors Used To Determine Decision-Making Responsibility

For decision-making responsibilities, a court must consider these same factors. It must also look at:

1. Whether the parties can cooperate and make joint decisions.
2. Whether the parties’ past involvement shows an ability to make joint decisions that provide a positive and nourishing relationship with the child.
3. Whether joint decision-making would promote more contact between the child and each party.

Factors That Cannot Be Used to Determine the Allocation of Parental Responsibilities

In reaching these decisions, a court cannot consider the sex of the parties. In other words, neither men nor women are awarded any preference in custody decisions. Colorado courts also cannot consider conduct that does not affect the parent’s relationship to the child, such as asking for genetic testing for paternity purposes or a parent leaving the home due to domestic violence.

Remember that Colorado is a no-fault divorce state. That means that the courts cannot consider a host of factors that may have made a person a bad partner, but don’t necessarily make them a bad parent. For example, if one parent cheated on the other during their relationship, that generally will not affect APR decisions. 

Conduct That Courts Can Take Into Consideration For Custody

Of course, there may be some conduct by parents that does affect custody determinations. For example, if one parent has a drug and/or alcohol problem, that can impact their ability to parent their children. This could be considered as part of the best interests of the child. 

Similarly, if a parent has a history of domestic violence, that could potentially be considered when deciding what is in the best interests of the child. Colorado law specifically provides that if a court finds that one of the parties has committed child abuse or neglect, domestic violence, or sexual assault resulting in the conception of the child, the court must consider the safety and well-being of the child and the abused party as a primary concern. In other words, if there is a proven history of violence and/or abuse, the court must consider safety factors as part of the best interests determination.

Decisions related to the allocation of parental responsibilities can be stressful for parents. After all, you want what is best for your child, and that might not always align with what their other parent believes is best. If you are dealing with a child custody issue, our Colorado Springs family law attorneys can help you navigate the process.

Dealing with Custody Issues? Call Our Law Firm for a Free Consultation

Legal cases about where your kids will spend their time and who gets to decide on major issues in their lives can be challenging. If you are getting a divorce or have already broken up with your child’s other parent, we can help you navigate the Colorado family law system. We will work to protect your rights and advocate for the best interests of your kids.

With offices in Colorado Springs, Centennial, and Castle Rock, Ascent Legal Group represents parents and families in a range of cases, including allocation of parental responsibilities.  We work hard to help you get the best possible outcome, negotiating agreements whenever possible or taking your case to court when necessary. Call our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a seasoned Colorado family law attorney.