Parental Responsibilities for Caregivers and Relatives

This guide is for relatives and caregivers who are not a child’s biological or legal parents but want court orders about that child’s care or custody. 

Relatives and caregivers, sometimes called “nonparents,” must meet specific legal requirements to ask for Allocation of Parental Responsibilities (APR) orders. You must have the legal right—called standing—to ask for APR, and you must provide enough proof to the court to support your request, especially if a parent objects. 

Can I ask for APR orders?

If you are not the parent, you must have standing to ask for APR orders. Standing is the legal right to ask for court orders about a child’s care. This right is not based on a biological relationship. Instead, the court looks at who has been caring for the child and under what circumstances. You may be able to ask for APR orders when:

1. The child is not in the physical care of either parent, or
2. The child has been in your physical care for at least 182 days (about six months), and no more than 182 days have passed since that care ended.

What Is physical care?

The court decides physical care based on your specific situation.  A judge looks at:

• Who provides daily care for the child
• How long and how often the child is with you and with the parent
• Who makes important decisions for the child
• Whether you act like a parent or follow a parent’s directions

Physical care does not mean that you are the only person who is caring for a child. You may qualify even if the parents are still involved, but not if you are simply caring for the child under a parent’s supervision. The court will look at everything together to decide if you have acted like a parent.

What questions should I ask myself?

These questions can help you think about your child’s situation and your level of involvement. They do not guarantee what the court will decide, but they may help you decide if filing for APR is the right choice in your case.

• How and when did you begin caring for the child?
• Where does the child live most of the time?
• How often is the child with you versus their parents?
• Who pays for the child’s needs?
• Who makes key decisions about health, school, and activities?
• Are you following a parent’s instructions when caring for the child?

How do I request APR orders?

If no case exists

You will need to start a new APR case in the district court in the county where the child lives. You must complete and file these three forms:

1. JDF 1031: Petition for Allocation of Parental Responsibilities 
2. JDF 1000: Case Information Sheet 
3. JDF 1032: Summons for Allocation of Parental Responsibilities 

You can file your forms with the court clerk in person or online through Colorado Courts E-Filing. 

If you can’t pay the fee, you can fill out and bring these two forms:

1. JDF 205: Motion to File Without Payment
2. JDF 206: Order Regarding Payment
   1. Leave this form blank for the court to fill out. 

If the court approves these forms, you can file for free.

If there is already a case

Sometimes orders about a child’s care exist in a divorce, parentage, or child support case. You may need to join that case by filing JDF 1131: Motion to Intervene. A judge can issue a written decision or hold a hearing to decide whether you have standing to participate. 

If another state already has a case or orders about the child, you should talk to a lawyer before filing anything in Colorado.  

What do I have to prove to get court orders?

In an APR case, the court can decide:

• Where the child lives
• How parenting time is shared
• How decisions are made
• How the child’s needs are met

The judge’s main focus is always the child’s best interests. See Best Interests of the Child for more information.

As a nonparent, you must meet a higher standard of proof than a parent. This is called clear and convincing evidence, meaning the judge must believe your evidence is highly probable to be true. The higher burden exists because parents have a constitutional right to make decisions about their children’s care, custody, and control. The law presumes that parents act in their child’s best interests. To overcome this presumption, a nonparent must show that:

1. What the parent wants is not in the child’s best interests

   AND

2. What you are asking for is in the child’s best interests.
    

What else should I know?

• The Indian Child Welfare Act (ICWA) may apply if the child is or may be a member of, or eligible for membership in, a Native American or Alaska Native Tribe. You must tell the court if you have any reason to believe this applies. 
• If you are included in an APR order, you might later be responsible for child support.
• APR is not the only option. There is also guardianship or kinship/custodial adoption. 

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.