Walk through each step of a Colorado custody case and get answers to common questions about parenting time, decision-making, and child support.
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If you are in a custody case, you may have important questions about parenting time, decision‑making, child support, and safety.
This guide explains common concerns and how courts usually address them before permanent orders are entered.
What is custody in Colorado?
Colorado does not use the word “custody.” Instead, courts decide Allocation of Parental Responsibilities (APR), which includes:
- Parenting time (the schedule)
- Decision‑making
- Child support
Does it matter who files first?
No. Filing first does not give you an advantage.
- The parent who files first is called the petitioner
- The other parent is the respondent
The court makes decisions based on the child’s best interests, not who filed first.
Can the other parent take my child out of Colorado?
After the case is filed and the other parent is served, a temporary injunction is in place. This means:
- Neither parent can take the child out of state without:
or
- Written agreement from the other parent
The injunction applies:
- To you as soon as you file the case
- To the other parent as soon as they are served
For more detailed information, see our guide on Moving out of Colorado with Children During a Divorce or Custody Case.
What is parenting time?
Parenting time is when the child is with each parent.
Courts focus on the best interests of the child, including:
- Physical safety
- Emotional well‑being
- Stability and consistency
Will the court listen to my child?
Sometimes, depending on the child’s age and maturity. In most cases, children do not testify in court.
Instead, the court may:
Speak with the child privately
or
- Appoint a Child and Family Investigator (CFI) to gather information and make recommendations
- For more detailed information, see our guide on Working with a Child and Family Investigator (CFI).
What if the other parent is unsafe?
If there are safety concerns, the judge may still allow contact, but with limits.
Options may include:
- Supervised parenting time
- Drug or alcohol testing
- Counseling requirements
- Virtual contact only
You can file a motion asking the judge to restrict parenting time if safety is an issue.
- For more information, see our guide on How to Restrict Parenting Time.
The judge’s goal is to protect the child while preserving relationships when it is safe to do so.
What about decision‑making?
Decision‑making covers major choices about a child’s life, including:
- Medical care
- Education
- Religion
- Extracurricular activities
Day‑to‑day decisions are made by the parent caring for the child at that time.
What about decision‑making if there is domestic violence?
If there is domestic violence, the judge will usually not force joint decision‑making if the domestic violence victim doesn’t want that—unless the judge decides that joint decision-making can happen without coercion, intimidation, retaliation, or risk of harm to the parent or the child.
You may need evidence, such as:
- Text messages or emails
- Police or court reports (although there does not need to be a criminal case)
- Medical records
- Testimony from you and others
- Photos of injury or damage to property
Sole decision‑making is not automatic, but safety concerns are taken seriously.
For more detailed information, see our guide on Domestic Violence in Divorce and Custody Cases.
How does child support work?
Child support is based on:
- Each parent’s income
- The amount of parenting time
Both parents must complete financial disclosures.
Some types of income or benefits count toward child support. Others do not.
If a parent chooses not to work or earn income, the judge may assign income for child support purposes.
For more detailed information, see our guide on Child Support.
Need more help?
If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.
You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.