In Colorado, the legal framework for what is commonly called "custody" is referred to as the allocation of parental responsibilities (APR). This terminology reflects the state's philosophy: rather than framing the issue as which parent "gets" the child, the focus is on how the rights and responsibilities of parenthood will be shared, divided, or allocated between two adults who are no longer — or have never been — together as a couple.

Parental responsibilities in Colorado are divided into two distinct but related components. The first is decision-making responsibility, which refers to each parent's authority to make major decisions about the child's life — including decisions about education, healthcare, religious upbringing, and extracurricular activities. Decision-making may be joint, meaning both parents share equal authority and must confer before making major choices, or it may be sole, with one parent having final authority in some or all categories. Courts may also allocate decision-making differently across categories — for example, one parent may hold final decision-making authority over medical matters while the other has authority over educational decisions.

The second component is parenting time — sometimes referred to colloquially as physical custody or visitation. Parenting time refers to when the child is physically in the care of each parent. Colorado courts strongly favor arrangements that allow children to maintain meaningful, ongoing relationships with both parents, except in cases where a parent's involvement poses a risk to the child's safety or wellbeing. Parenting time schedules vary widely based on each family's unique circumstances: work schedules, geographic proximity, the age and needs of the child, school requirements, extended family involvement, and other practical factors all play a role.

In all APR proceedings, Colorado courts apply the legal standard of the best interests of the child. Judges consider a range of statutory factors in reaching their determinations, including: the wishes of each parent; the wishes of the child (if the child is mature enough to express a reasoned preference); the child's adjustment to home, school, and community; the mental and physical health of all parties; each parent's ability to support the child's relationship with the other parent; and any history of domestic violence or child abuse. Courts may also appoint a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE) to assess the family dynamics and make recommendations.

Parenting plans are the cornerstone of any APR case. A well-drafted parenting plan not only establishes the regular parenting schedule but also addresses holiday and vacation time, how transportation between households will be managed, protocols for communication between co-parents, procedures for making joint decisions, and how disputes will be resolved if the parents disagree. The more detailed and thoughtfully constructed the parenting plan, the less likely the parties are to return to court over ambiguous terms.

Our firm is experienced in both negotiated parenting agreements and contested APR litigation. We understand that these proceedings are among the most emotionally charged in all of family law, and we approach each case with sensitivity to the human stakes involved. Whether you are going through a divorce, a separation from a non-marital partner, or seeking to establish parental rights for the first time, we are here to advocate skillfully on your behalf and on behalf of your children.