Joint vs. Sole Custody in Colorado: Is There a Presumption of Equal Time?

By the FigureMyTax Editorial Team · How we calculate

On joint vs. sole decision-making, Colorado has no presumption of equal parenting time. The court allocates parenting time and decision-making on the child’s best interests with safety paramount, and the legislature encourages frequent and continuing contact with both parents.

Is there a presumption of equal parenting time in Colorado?

No. The court determines the allocation of parental responsibilities, including parenting time and decision-making, in accordance with the best interests of the child, giving paramount consideration to the child’s safety and the child’s physical, mental and emotional conditions and needs (C.R.S. 14-10-124(1.5)). The legislature declares that, in most circumstances, it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the children, while recognizing that co-parenting is not appropriate in all circumstances (14-10-124(1)).

What does Colorado call custody?

Allocation of parental responsibilities, which covers parenting time and decision-making responsibility. The court may allocate decision-making for each issue mutually between the parents, individually to one parent, or any combination, so there is no single “joint” or “sole” label (14-10-124(1.5)(b)).

What factors apply to parenting time in Colorado?

All relevant factors, including the parents’ wishes, the wishes of a child mature enough to express reasoned and independent preferences, the child’s interaction with parents, siblings and others, the child’s adjustment to home, school and community, the mental and physical health of everyone involved (a disability alone is not a basis to deny or restrict time), each party’s ability to encourage the child’s love and contact with the other party, the past pattern of involvement, the physical proximity of the parties and each party’s ability to put the child’s needs first (14-10-124(1.5)(a)).

What extra factors apply to decision-making in Colorado?

Credible evidence of the parties’ ability to cooperate and make decisions jointly; whether the past pattern of involvement shows a system of values, time commitment and mutual support; and whether mutual decision-making on one or more issues will promote more frequent or continuing contact with each party (14-10-124(1.5)(b)).

How does domestic violence change the result in Colorado?

When a claim of child abuse or neglect or domestic violence has been made, or the court has reason to believe it occurred, the court follows the special procedure in subsection (4) before deciding parenting time or decision-making, and it may consider reports from a child and family investigator or evaluator and other testimony on domestic violence (14-10-124(1.5)(a)(III.5)).

Can parenting time be restricted in Colorado?

Only if the court finds, after a hearing, that parenting time by the party would endanger the child’s physical health or significantly impair the child’s emotional development, and it must list the specific factual findings behind the restriction and may set conditions the restricted party can meet to seek a change (14-10-129(1)(b)).

When can an order be changed in Colorado?

A motion that substantially changes parenting time and also changes the parent with whom the child lives the majority of the time requires facts that arose since the prior decree or were unknown to the court, a change in the circumstances of the child or that parent, and a showing that the change is necessary for the child’s best interests; after such a motion, no further one may be filed for two years unless the child may be endangered or a relocation is planned (14-10-129(1.5), (2)). Count your schedule with the Colorado parenting time calculator and run the Colorado child support calculator.

Frequently asked questions

Official sources

• C.R.S. 14-10-124: best interests of the child
• C.R.S. 14-10-129: modification of parenting time; relocation
• C.R.S. 14-10-115: child support guidelines
• House Bill 25-1159: child support commission recommendations (Parenting Time Table)
• C.R.S. 14-13-201: initial child-custody jurisdiction
• C.R.S. 14-13-102: definitions, including home state

This is general information, not legal advice. It is based on the cited Colorado statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Colorado attorney.