Understanding Colorado child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody Colorado recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains Colorado’s custody framework in clear terms.
Verified against Colorado family law statutes as of April 2026.
In This Colorado Custody Guide:
Types of Custody in Colorado
Colorado recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: NO formal statutory presumption of 50/50 custody. However, Colorado courts generally favor maximizing each parent’s time with the child. Courts frequently award joint parenting time and joint decision-making when both parents are capable of cooperating. An equal schedule is a common outcome but not a guaranteed legal starting point — a judge does not automatically begin with a 50/50 presumption. The court’s sole standard is the best interests of the child under C.R.S. § 14-10-124. The statute also explicitly states that the court shall not presume that any person is better able to serve the best interests of the child because of that person’s sex.
Colorado Best Interest of the Child Standard
The best interests of the child standard is the primary framework Colorado courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
Colorado courts evaluate these best interest factors when making custody decisions:
- Under C.R.S. § 14-10-124(1.5)
- the court considers the following factors
- giving paramount consideration to the child’s safety and physical
- mental
- and emotional needs: FOR PARENTING TIME: (I) The wishes of the child’s parents as to parenting time; (II) The wishes of the child if the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule; (III) The interaction and interrelationship of the child with parents
- siblings
- and any other person who may significantly affect the child’s best interests; (III.5) Any report related to domestic violence submitted by a Child and Family Investigator (CFI) appointed under § 14-10-116.5
- a Parental Responsibilities Evaluator (PRE) appointed under § 14-10-127
- or a legal representative of the child appointed under § 14-10-116; (IV) The child’s adjustment to home
- school
- and community; (V) The mental and physical health of all individuals involved; (VI) The ability of the parties to encourage the sharing of love
- affection
- and contact between the child and the other party — except that protective actions taken to shield the child from witnessing domestic violence or being a victim of abuse/neglect shall not be held against the protective parent; (VII) Whether the past pattern of involvement of the parties with the child reflects a system of values
- time commitment
- and mutual support; (VIII) The physical proximity of the parties to each other as it relates to practical considerations of parenting time; (IX) The ability of each party to place the needs of the child ahead of his or her own needs; (X) Any reports of coercive control. FOR DECISION-MAKING RESPONSIBILITY
- the court additionally considers: The credible evidence of the ability of the parties to cooperate and make decisions jointly; Whether the past pattern of involvement reflects an ability as mutual decision-makers to provide a positive and healthy relationship with the child.
Child’s preference: In Colorado, a child’s custody preference may be considered when the child reaches No specific age. The statute (C.R.S. § 14-10-124(1.5)(a)(II)) states the court shall consider “the wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.” Colorado law does not set a fixed age at which a child can choose — maturity and the ability to express independent, reasoned judgment are the criteria, not age. In practice, courts and CFIs tend to give greater weight to preferences of children well into their teen years. A child’s preference is never the sole determinant — it is one of many best interest factors.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
Colorado Parenting Plans
Colorado requires parents to submit a parenting plan as part of custody proceedings. A Colorado parenting plan must include: (1) A parenting time schedule covering the regular school year, summer, vacations, and holidays, specifying exactly when and where parents will exchange the child; (2) Allocation of decision-making responsibility broken into four categories — medical (further split into therapeutic, dental, and standard medical), educational, religious, and extracurricular — specifying for each whether parents share jointly or one parent has sole authority; (3) A procedure for exchanges of the child for parenting time; (4) A procedure for communication between the parents about the child; (5) A procedure for communication between a parent and the child during the other parent’s parenting time. For child support purposes, joint parenting time is defined as each parent having at least 93 overnights per year (Worksheet B applies).
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
Colorado Custody Relocation Rules
Under C.R.S. § 14-10-129, a parent intending to relocate with a child to a residence that substantially changes the geographical ties between the child and the other party must provide written notice to the other parent. There is no specific distance threshold — any move that substantially changes the geographical ties triggers the requirement. The notice must include: (1) the intent to relocate; (2) the location where the party intends to reside; (3) the reason for the relocation; and (4) a proposed revised parenting time plan. The non-relocating parent has the right to file a motion and affidavit objecting to the relocation within the allowed response period. A court hearing on any modification due to relocation intent shall be given priority on the court’s docket. The court applies the best interests standard to determine whether to allow relocation and how to modify parenting time.
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Notice requirement: The relocating parent must provide The relocating parent must provide written notice at least 60 days before the intended move. The non-relocating parent then has 30 days from receipt of notice to file an objection with the court. days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying Colorado Custody Orders
Colorado uses a two-tiered standard under C.R.S. § 14-10-129 (parenting time) and § 14-10-131 (decision-making). For modifying parenting time: the court may modify if it serves the child’s best interests, based on facts that have arisen since the prior order or were unknown to the court at the time of the prior order. For substantial modifications that change the primary residential parent: a three-step analysis applies — (1) there is a presumption that the prior order should be retained; (2) the moving party must show the child’s present environment endangers the child’s physical health or significantly impairs the child’s emotional development, AND that the harm likely caused by the change is outweighed by the advantages; (3) the proposed modification must be in the child’s best interests. Two-year restriction: if a motion for substantial modification has been disposed of, no subsequent motion may be filed within two years unless the court finds the child’s present environment may endanger physical health or significantly impair emotional development, or the primary parent intends to relocate.
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in Colorado Custody
Domestic violence: Domestic violence significantly impacts custody decisions. Under C.R.S. § 14-10-124(4)(d), when the court finds by a preponderance of the evidence that a party has committed child abuse or neglect, domestic violence, or sexual assault resulting in conception of the child, the court must consider the safety and well-being of the child and the abused party as the primary concern. There is a rebuttable presumption against allocating mutual (joint) decision-making responsibility when domestic violence is found — the court shall not award joint decision-making over the objection of the other party unless credible evidence shows the parties can cooperate safely. The court may restrict the abusive parent’s parenting time, order supervised visitation, or impose other safety measures. The court also considers reports of coercive control as a best interest factor. A parent’s protective actions to shield the child from witnessing domestic violence shall not be held against that parent.
Grandparent visitation: YES, under C.R.S. § 14-10-124.4 (formerly C.R.S. § 19-1-117; relocated to Title 14 effective August 7, 2023 by HB 23-1206). Grandparents or great-grandparents may petition for reasonable visitation rights when: (1) there is or has been a custody case or APR case involving the child; (2) the parents are divorced, legally separated, or the marriage has been annulled; (3) the child has been placed in the legal custody of someone other than a parent (excluding adoption); or (4) the child’s parent is deceased. The court shall only grant visitation upon finding it is in the child’s best interests. There is a presumption that a parent’s decision regarding grandparent visitation is in the child’s best interests — this presumption is rebuttable only by clear and convincing evidence that the parent is unfit or that the parent’s decision is not in the child’s best interests.
Unmarried parents: Colorado law provides that the parent-child relationship extends equally to each parent regardless of the parents’ marital status (C.R.S. § 19-4-103). However, an unmarried father must first establish paternity before he has any legal right to parenting time or decision-making. Paternity may be established through: (1) Voluntary Acknowledgment of Paternity signed by both parents and filed with the Colorado Department of Public Health and Environment; (2) genetic/DNA testing; or (3) a court order in a paternity proceeding. Before paternity is established, the mother has de facto sole parental rights and may legally keep the child from the father if no custody agreement is in place. Once paternity is legally established, the father has the same parental rights as a married father, and the court applies the same best interests standard to allocate parenting time and decision-making. Either parent may then file an APR case. A parentage order may be challenged within two years if genetic testing shows the named father is not the biological father (C.R.S. § 19-4-107.3(2)(a)).
Guardian ad litem: YES. Colorado uses two distinct court-appointed roles: (1) Child and Family Investigator (CFI) — appointed under C.R.S. § 14-10-116.5, the CFI investigates, files a written report with the court, and makes recommendations on issues affecting the child’s best interests. CFI fees are capped at $2,750. The court may appoint a CFI on its own motion or at the request of either party. Governed by Chief Justice Directive 04-08. (2) Child’s Legal Representative (CLR) — formerly called Guardian Ad Litem, the CLR is an attorney appointed under C.R.S. § 14-10-116 to represent the best interests of the child. The court may also appoint a Parental Responsibilities Evaluator (PRE) under C.R.S. § 14-10-127 for more in-depth evaluations (no fee cap on PRE).
Additional Colorado rules: (1) TERMINOLOGY: Colorado replaced all “custody” and “visitation” language with “Allocation of Parental Responsibilities” (APR), “parenting time,” and “decision-making responsibility” in 1999. Courts do not use custody terminology. (2) NO GENDER PREFERENCE: The court shall not presume any person is better able to serve the child’s best interests because of that person’s sex (C.R.S. § 14-10-124). (3) DECISION-MAKING CATEGORIES: Decision-making is broken into four distinct categories — medical, educational, religious, and extracurricular — and can be allocated differently for each category (e.g., joint on education, sole to one parent on medical). (4) COERCIVE CONTROL: Recent amendments require courts to consider reports of coercive control as a best interest factor. (5) 93-OVERNIGHT THRESHOLD: For child support calculations, joint parenting time is defined as each parent having at least 93 overnights per year (triggers Worksheet B instead of Worksheet A). (6) CFI FEE CAP: Child and Family Investigator fees are capped at $2,750 by statute. (7) PROTECTIVE PARENT PROVISION: A parent who acts to protect the child from witnessing domestic violence or being a victim of abuse/neglect shall not be penalized under the “encourage contact” best interest factor.
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- Colorado Custody Statute: C.R.S. § 14-10-124 (Best interests of the child — main custody/APR statute); C.R.S. § 14-10-123.4 (Parenting plans); C.R.S. § 14-10-129 (Modification of parenting time; relocation); C.R.S. § 14-10-131 (Modification of decision-making responsibility); C.R.S. § 14-10-116.5 (Child and Family Investigator); C.R.S. § 14-10-116 (Child’s Legal Representative); C.R.S. § 14-10-127 (Parental Responsibilities Evaluator); C.R.S. § 14-10-124.4 (Grandparent/great-grandparent visitation); C.R.S. § 19-4-103 (Parent-child relationship regardless of marital status)
Last verified April 2026. Contact us if you notice outdated information.