How does child custody work in Colorado divorces?

Tawni Cummings

Colorado managing attorney at Marble Law

Published September 10, 2024 · 4 min read

Key Takeaways

In Colorado, child custody is called “parental responsibilities”.
Parental responsibilities are divided into parental time (who the child lives with at what times) and decision making (the right to make important decisions about the child’s life).
The court decides parental responsibilities based on what’s in the child’s best interest.
To determine parental responsibilities, the court considers several factors, including each parent’s ability to foster a healthy, loving relationship with the other parent and how any changes to the child’s school, home and community would negatively or positively impact their life.

When discussing child custody in Colorado, there are a few key terms to understand.

Rather than “custody”, Colorado uses the term “allocation of parental responsibilities”. This encompasses two things:

Parenting time: Referred to as “physical custody” in many other states, this is visitation, or where the child lives when.
Decision making: Referred to as “legal custody” in many other states, this is who has the legal right to make decisions about a child’s education, health, religious upbringing and other major life decisions.

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The court determines parenting time and decision making responsibilities based on the best interest of the child. And to determine this, the court uses a list of factors. This may include:

The nature and extent of each parent’s involvement in the child’s day to day care, school and extracurricular activities, etc.
The child’s adjustment to their school, home and community and how much a change would positively or negatively affect the child
Each parent’s ability to foster a healthy, loving relationship with the other parent
Each parent’s wishes and why they want that outcome.
The child’s wishes, if they’re mature enough to state a reasoned and independent decision (apart from that of either parent).
The child’s relationship with their parents, siblings and other family members.
Each parent’s physical and mental health.
The child’s physical and mental health.
Where each parent will live.
Whether each parent can put aside their own feelings and put their child’s best interests first.
Whether there has been any domestic violence or other harmful situation to which the child has been exposed.
Any other factor the court deems worthy.

Do you have to take parenting classes to get a divorce in Colorado?

Some courts require divorcing couples who have children to take parenting classes. During these sessions—which may be held online or in person—the parents learn things like:

How the court determines parental responsibility and how this may impact them and their children.
Co-parenting strategies.
How to support their children during the divorce process.