The law in plain words
Under C.R.S. 14-10-124, the court allocates parental responsibilities on the child's best interests. It gives "paramount consideration to the child's safety."
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Colorado explains what the figures can and cannot show.
Colorado's words for custody
Colorado replaced "custody" with "parental responsibilities" in 1999. The change did not alter anyone's rights.
| Older word | Colorado's word |
|---|---|
| Custody | Parental responsibilities |
| Visitation | Parenting time |
| Legal custody | Decision-making responsibility |
Decision-making can be split issue by issue. Parents may share it, one parent may hold it, or it can be a mix. For example, one parent may decide on schooling while both share medical decisions.
Is Colorado a 50/50 state?
No. Colorado has no presumption of equal parenting time or shared decision-making.
The legislature's stated policy is frequent and continuing contact with both parents. That is a goal, not a schedule.
A 2026 bill to presume 50/50 parenting time, Senate Bill 26-027, failed in committee in February 2026.
The factors a judge weighs
For parenting time, C.R.S. 14-10-124 lists factors the court must consider, along with anything else relevant:
- what each parent wants
- the child's wishes, if mature enough to give reasoned, independent preferences
- the child's relationships with parents, siblings and other important people
- any domestic violence, with findings on the record
- the child's adjustment to home, school and community
- the mental and physical health of everyone involved
- each parent's ability to encourage the child's bond with the other parent
- whether each parent's past involvement shows commitment and mutual support
- how close the parents live, for practical parenting time
- each parent's ability to put the child's needs first
For decision-making, the court also weighs whether the parents can cooperate and decide together. It asks whether shared decisions would help the child's contact with each parent.
A disability alone cannot be a reason to deny or restrict parenting time. Acting to protect your child from witnessing or suffering abuse does not count against you under factor 7.
Domestic violence since May 2026
House Bill 26-1309 took effect on May 27, 2026. It rewrote Colorado's domestic violence custody rules.
- Findings required: the court must decide, on the record, whether a parent committed domestic violence.
- Broader definition: it now includes coercive control, economic abuse, stalking and harm to animals, whether or not it is a crime.
- Protective behavior: acts a parent uses to protect themselves or the child are not domestic violence.
- Shared decisions: after a finding, the court cannot order shared decision-making over the victim's objection, unless it makes specific safety findings.
- Safety conditions: after a finding of abuse, the court must now set conditions on parenting time, such as supervised visits or protected exchanges.
Older rules also still apply. A court cannot cut contact with a protective parent just to repair a child's bond with the accused parent.
Mediation is discretionary under section 14-10-124(8). A party with abuse concerns should tell the court, which must apply the safety rules before setting parenting arrangements.
Your child's wishes
Colorado sets no age at which a child decides. The test is maturity. The child must be able to give reasoned and independent preferences.
On a motion, a judge may interview the child privately in chambers. A record is made, and the judge must explain the decision to interview or not.
Where abuse is alleged, the court gives strong consideration to the child's stated preference, if it fits the child's safety.
Mothers' and fathers' rights
Neither parent starts ahead. C.R.S. 14-10-124 says the court may not presume a person is a better parent because of their sex.
The court also cannot consider a parent's conduct that does not affect their relationship with the child.
Under C.R.S. 19-4-103, the parent and child relationship applies equally to every parent, married or not.
If you were never married
No Colorado statute gives either unmarried parent custody by default. The court's own guide says to settle who the legal father is before a custody case.
- Acknowledgment of parentage: signing one establishes parentage. Once filed, it equals a court judgment.
- Changing your mind: it can be rescinded within 60 days, or earlier if a court case starts.
- After that: it can be challenged only for fraud, duress or a mistake of material fact.
You can file a parentage case in juvenile court, which can then set parenting time. Or you can file a parental responsibilities petition in district court, where the court also decides parentage.
Emergency and temporary orders
Colorado has several routes when a child may be in danger.
- Emergency motion to restrict: if parenting time puts the child in imminent danger, file a motion to restrict it. The court must rule within 14 days. Parenting time is supervised in the meantime.
- Civil protection order: the court may award temporary care and control of the children, for up to one year.
- Temporary orders: while a case is open, the court can set temporary parenting time after a hearing.
Once the petition is served, an automatic order bars either parent from taking the child out of Colorado without consent or a court order.
Filing a frivolous emergency motion can lead to an order to pay the other parent's fees. The form is JDF 1406.
Moving with your child
A parent with most of the parenting time must give written notice before a move that changes the family's geography. Under C.R.S. 14-10-129, the notice comes as soon as practicable.
It must state the new location, the reason and a proposed new parenting plan.
Relocation hearings get priority on the court's calendar. The court weighs factors such as:
- the reasons for the move, and for the objection
- each parent's relationship with the child
- schools and extended family in each place
- whether a workable schedule is possible
In re Marriage of Ciesluk (2005) held there is no presumption for either parent. Both parents share the burden. The court forms start with JDF 1407.
Changing parenting time or decision-making
The test depends on what you want to change.
- Ordinary schedule changes: allowed whenever the change serves the child's best interests.
- Restricting a parent's time: the court must find the time would endanger the child, or seriously harm their emotional development.
- Changing which home the child mostly lives in: generally needs agreement, integration into the other home, a relocation or endangerment.
Once a motion to change the majority-time parent is filed, a new one generally must wait two years after it is decided. That applies whether or not it was granted. The exceptions are danger shown by affidavit, or a relocation. A similar two-year limit applies to decision-making changes.
Every motion needs a sworn affidavit of the facts.
Parenting plans and court helpers
Parents can submit their own parenting plan on form JDF 1113. If they do not, or the court rejects it, the court writes one.
The court can also appoint helpers:
- Child and family investigator: a neutral person who looks into the family and reports to the court.
- Parental responsibilities evaluator: a mental health professional who does a fuller evaluation. The parties deposit the cost.
- Parenting coordinator: helps carry out a final order, for up to two years without both parents' agreement.
Investigators and evaluators must have at least 20 hours of domestic violence and child abuse training.
How to file for custody in Colorado
File in the district court for the county where the child lives. Colorado must usually be the child's home state for 182 days in a row.
- Fill in the forms. These are JDF 1000, the case information sheet, and JDF 1031, the petition.
- Serve the other parent with a summons, JDF 1032. They have 21 days to respond, or 35 if served out of state.
- Exchange financial information. Each parent files a sworn financial statement, JDF 1111.
- Attend the first conference. The court sets an initial status conference within 42 days.
- Take the parenting class. The court's guide says both parents must take one.
The Colorado Judicial Branch self-help pages walk through each step.
How much does it cost to file for custody in Colorado?
The Judicial Branch lists these fees, as of January 2025:
| Filing | Fee |
|---|---|
| Petition for allocation of parental responsibilities | $252 |
| Response | $146 |
| Post-decree motion to modify | $105 |
| Parentage case in juvenile court | $268 |
E-filing adds a small charge. If you cannot afford the fees, file a motion to waive them on form JDF 205.
You may qualify if your household income is under 125% of the poverty line, or you receive benefits such as SNAP.
What changed in 2023 to 2026
Colorado has changed its custody law almost every year.
- 2023: House Bill 23-1178 limited reunification therapy and required abuse training. It is Colorado's version of the federal Kayden's Law.
- 2024: coercive control entered the law. Rules on child interviews and the child's preference were updated.
- May 27, 2026: House Bill 26-1309 rewrote the domestic violence rules and made safety conditions mandatory.
- June 1, 2026: grandparent family time rules were updated.
- Bills that failed in 2026: a 50/50 presumption and a make-up time bill.
Building the record
Colorado judges weigh each parent's past involvement and their support for the other parent. Those questions are answered with dates, not adjectives.
Note each exchange, missed visit and school contact as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Colorado.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Colorado parenting-time record
Colorado judges must make findings on the factors they weigh. Keep these items current so your facts are ready.
Keep the record Colorado's factors ask for
Casewell keeps dated parenting time, care notes and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Is Colorado a 50/50 state for child custody?
No. Colorado has no presumption of equal time or shared decisions. A 2026 bill to create one failed. Judges decide on the child's best interests.
What rights do fathers have in Colorado?
The same as mothers. The court may not presume either parent is better because of their sex. An unmarried father should first establish legal parentage.
At what age can a child choose which parent to live with in Colorado?
No age lets a child choose. The judge weighs the wishes of a child mature enough to give reasoned, independent preferences.
How do I get an emergency custody order in Colorado?
File a motion to restrict parenting time if the child is in imminent danger. The court must rule within 14 days. A civil protection order can also set temporary care of the children.
How much does it cost to file for custody in Colorado?
A petition for allocation of parental responsibilities costs $252, as of January 2025. You can ask the court to waive the fee with form JDF 205.
Can I move out of state with my child in Colorado?
A parent with most of the parenting time must give written notice with the new location and a proposed plan. If the other parent objects, the court decides.
Sources
This page summarizes Colorado Revised Statutes Titles 13, 14 and 19, House Bill 26-1309 and Colorado Judicial Branch forms as of October 2026. It explains the law in general terms and is not legal advice.
- Colorado Revised Statutes, Title 14 (2026 edition) โ domestic matters checked
- Colorado House Bill 26-1309 โ domestic violence in parental responsibilities cases checked
- Colorado House Bill 23-1178 โ court personnel and domestic violence awareness checked
- Colorado Senate Bill 26-027 โ proposed 50/50 presumption (lost) checked
- Colorado Judicial Branch โ parental responsibilities (custody) self-help checked
- Colorado Judicial Branch โ relocating with minor children checked
- Colorado Judicial Branch โ court fees checked
- Colorado Judicial Branch โ fee waivers checked