IN PLAIN ENGLISH
How custody works in Colorado
Colorado law uses a different name for a custody case, though the court's own guide says it is "also known as custody." [CO-P3] The court case is called an allocation of parental responsibilities, and it decides two things: parenting time (when your child is with each parent) and decision-making (who makes big choices about school, health care and religion). [CO-P1, CO-P3]
Colorado does not start from 50/50, and it does not start from any set schedule. [CO-P1] The law says it is usually good for children to have frequent contact with both parents, but the judge must decide what is best for your child, with the child's safety always most important. [CO-P1] The judge may not favor a parent because that parent is the mother or the father. [CO-P1]
Parents can write their own parenting plan and ask the court to approve it. [CO-P1] If they do not, or the judge does not approve it, the judge writes one. [CO-P1] The state's parenting plan form has blank sections for the school-year schedule, summer and holidays, and a holiday you fill in takes priority over the regular schedule. [CO-P4]
If a judge finds that a parent committed domestic violence, child abuse or neglect, or a sexual assault that led to the child's conception, the safety of the child and the abused parent becomes the main concern. [CO-P1] The judge must then set conditions that keep them safe, such as supervised visits, exchanges in a protected place, or no overnights. [CO-P1]
Words you’ll see in your papers
- Allocation of parental responsibilities (APR)
- Colorado's name for a custody case. It sets parenting time, decision-making and child support in a parenting plan. [CO-P3]
- Parenting time
- The schedule of when your child is with each parent, including holidays and school breaks. [CO-P1]
- Decision-making responsibility
- Who makes the major decisions for your child. A judge can give it to both parents together, to one parent, or split it by topic, such as school to one parent and medical care to both. [CO-P1]
- Parenting plan
- The written plan that lists the schedule, how exchanges happen, how parents communicate, and who makes which decisions. [CO-P1]
- Initial status conference
- An early meeting with the court, usually within 42 days after the case starts, to go over the next steps. [CO-P3]
COMMON QUESTIONS
What parents in Colorado ask first
Does Colorado start from 50/50?
No. There is no 50/50 starting point and no default calendar. [CO-P1] The judge decides what schedule is best for your child, with your child's safety first. [CO-P1]
What does the judge look at?
The law tells judges to look at many things, including: what each parent wants; what your child wants, if your child is mature enough to give reasons; your child's bond with each parent and siblings; how settled your child is at home, school and in the community; everyone's mental and physical health; whether each parent supports the child's relationship with the other parent; each parent's past involvement; how far apart the homes are; and whether each parent puts the child's needs first. [CO-P1] A parent who acts to protect a child from domestic violence or abuse should not be counted against for doing so. [CO-P1]
Does my child get to choose?
Your child's wishes count only if your child is mature enough to give reasoned and independent preferences. [CO-P1] Colorado law does not set an age when a child decides. [CO-P1]
Can I move away with my child?
If the child lives with you most of the time and you plan a move that would really change your child's ties to the other parent, you must give the other parent written notice as soon as you can. [CO-P1] The notice must say where you plan to live, why you are moving, and a proposed new schedule. [CO-P1] The judge then looks at the reasons for and against the move, school options, extended family, the effect on your child, and whether a workable schedule is possible. [CO-P1]
Can the order be changed later?
Yes. The court can change parenting time when that serves your child's best interests. [CO-P1] A bigger change that would switch which parent the child lives with most of the time needs proof that things have changed since the last order. [CO-P1] Once a request to change decision-making (or a big change that switches the main home) has been filed, another one usually cannot be filed until two years after the court decides the first, unless the child may be in danger. [CO-P1]
We were never married. How do we start?
Unmarried parents use the same allocation of parental responsibilities case. [CO-P3] It is usually filed in the county where the children live, after they have lived in Colorado for at least six months (or since birth if younger). [CO-P3] If it is not yet legally clear who the parent is, the court's guide points you to a separate form packet for establishing a parent first. [CO-P3]
What if I am not safe?
A civil protection order can include temporary care and control of the children for up to one year and set parenting-time rules, including supervised time, or deny parenting time if no arrangement would be safe. [CO-P2] In the custody case itself, a finding of domestic violence or child abuse makes safety the judge's main concern. [CO-P1]
Free, official places to start
- Colorado Judicial Branch: Form a Parenting Plan (APR/Custody)
The court's own page with the forms for a custody case between parents who are not married.
- JDF 1413i: How-To Guide to Custody (APR) Cases (PDF)
A step-by-step guide to starting the case, serving the other parent, and the first court meeting.
- JDF 1113: Parenting Plan form (PDF)
The statewide fill-in parenting plan with sections for the school-year schedule, summer and holidays.
LOCAL SPOTLIGHT · DENVER
City and County of Denver (2nd Judicial District)
Denver District Court
Denver District Court publishes its own family forms, including a four-page Simplified Parenting Plan (DEN 5) that parents can file as a full agreement, a partial agreement, or without agreement. [CO-P7, CO-P8] It asks you to write out each parent's weekly time, count the overnights each month, and fill in a holiday table by odd, even or all years. [CO-P8] Denver also uses its own notice for the initial status conference, and its self-help center lists court-approved parenting classes and free legal clinics. [CO-P9, CO-P10] These local forms sit alongside the statewide rules, which still decide the case. [CO-P1]
- Denver District Court local forms
The list of Denver-only family forms, in English and Spanish.
- DEN 5: Simplified Parenting Plan (PDF)
A shorter Denver parenting plan for the weekly schedule, holidays, decision-making and moves.
- Denver District Court Pro Se / Self-Help Center
Help with paperwork, court-approved parenting classes, and free family law clinics in Denver.
- DEN 2: Notice of Initial Status Conference (PDF)
The notice Denver uses to set your first meeting with a judge or court facilitator.
Other counties in Colorado can have different local rules and forms. Check the court where your case is filed.
THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES
No fixed statewide schedule identified
Research overview
No fixed statewide calendar identified. JDF1113 supplies a customizable parenting plan within allocation-of-parental-responsibilities proceedings. [CO1, CO2]
Legal force and applicability
Case-specific calendar; no fixed statewide calendar identified in reviewed sources. Any custody/allocation presumption is separate.
Schedule & conditions
Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.
Regular school-year schedule
JDF1113 sections 10-11 require actual school-year weekdays/weekends and summer times for each party. [CO1]
Holidays and school breaks
Section 12 provides a blank odd/even/all-year holiday matrix; a selected holiday takes priority over school-year/summer time, but an unfilled holiday does not. [CO1]
Summer and vacation time
Either the school-year schedule continues or the parties state a different summer plan. [CO1]
Age and development
No numeric age-tier minimum identified. Form asks about children 19 and under for combined family/support purposes; do not infer that custody persists to 19 from that form field. [CO1]
Distance, travel, and relocation
Transportation is specified; a significant-distance move is addressed with a new plan/court permission, not an automatic mileage-based schedule. [CO1]
Safety & exceptions
HB26-1309, signed May 27, 2026 with a safety clause, revises abuse definitions and C.R.S. 14-10-124. After a qualifying preponderance finding of domestic violence, child abuse/neglect, or sexual assault resulting in conception, safety is paramount and the court must impose parenting-time conditions ensuring the child and abused party are safe; possible terms include protected exchanges, supervision and overnight restrictions. [CO2,CO4]