Starting a Custody Case

Family
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This guide is for any parent who wants to get a court order for custody of their child. It explains:

  • Legal custody terms 
  • The custody process for unmarried parents
  • The custody process for married parents
     

In Colorado, courts do not use the word "custody." Instead, the legal process is called an Allocation of Parental Responsibilites (APR). This covers 3 main parts:

  1. Decision-making: Which parent gets to make major choices for your child (such as healthcare, schooling, and religion). 
  2. Parenting time: Where your child lives and how much time they spend with each parent.
  3. Child support: Money paid by one parent to the other parent to help them support the needs of the child or children. 
    • Child support can sometimes be established separately from custody as part of a case with your county’s child support office. 

Is the custody process different if I am married or not?

If you were never married: You need to open a specific court case called an Allocation of Parental Responsibilities.

If you are getting divorced: You do not need a separate case. Custody will be handled directly as part of your divorce process. See our guide on How Custody Works in Divorce Cases to learn more.

Can Colorado courts handle my case?

To get a custody order in Colorado, your child must meet one of these rules:

  • If your child is over 6 months old: Must have lived in Colorado for at least 6 months (182 days).
  • If your child is under 6 months old: Must have lived in Colorado since birth.

If your child doesn't meet these rules, Colorado courts usually cannot handle your case.

Step-by-step: How to start a custody case 

Step 1: File the initial forms

  • Fill out forms JDF 1000: Case Information Sheet and JDF 1031: Petition for Parental Responsibilities.
  • If you are filing alone (without the other parent), also fill out JDF 1032: Summons.
  • File these forms at the district court in the county where your child lives.

Step 2: Pay the court filing fee 

  • If you cannot afford it, you can apply for a fee waiver using forms JDF 205 and JDF 206.

Step 3: Serve the other parent

If you did not file together, you must formally deliver the legal papers to the other parent to provide notice to them.

To officially notify someone, you must legally hand them the summons (a notice telling them to appear in court) and the Petition and Case Information Sheet.

Who can serve the papers?

  • Anyone who is at least 18 years old and has no personal involvement or financial interest in the lawsuit. You cannot serve the papers yourself if you are part of the case.
  • Option A: You can contact the local county sheriff, pay a professional private process server, or ask any neutral adult who meets the age requirement. 
  • Option B: If the other parent agrees to accept the papers voluntarily, they must sign and file form JDF 1033: Waiver of Service.

See our guide on Serving Divorce or Custody Papers for more information. 

Step 4: The other parent responds 

  • If you filed without the other parent, they must submit their official response to the court using form JDF 1035: Response.

Step 5: Share financial information 

  • Within 42 days of filing or receiving the papers, both parents must exchange financial information with each other and submit forms JDF 1111: Sworn Financial Statement and JDF 1104: Certificate of Compliance.
    • JDF 1111 is a statement that provides a snapshot of your finances.  
    • JDF 1104 is you swearing to the court that you have provided the other parent with the documents the form lists.  

Step 6: Submit a parenting plan 

  • Fill out form JDF 1113: Parenting Plan to propose your ideal schedule and parenting arrangement to the court. If you and the other parent agree on a parenting plan, you may submit a joint parenting plan together.  

Step 7: Submit child support calculations 

  • Complete and file JDF 1821: Support Worksheet.

Step 8: After you file, the court will send you a Case Management Order and will ask you to attend the initial court meeting called the Initial Status Conference (ISC). 

  • They will give you your remaining steps to finish the case.

Step 1: You or your spouse must have lived in Colorado for at least 91 days before filing.

Step 2: File the initial forms 

Step 3: Pay the court filing fee

  • If you cannot afford it, you can apply for a fee waiver using forms JDF 205 and JDF 206.

Step 4: Serve your spouse

  • If you didn't file together, formally deliver the papers:
    • To officially notify someone, you must legally hand them the summons (a notice telling them to appear in court) and the Petition and Case Information Sheet.
       

Who can serve the papers?

  • Anyone who is at least 18 years old and has no personal involvement or financial interest in the lawsuit. You cannot serve the papers yourself if you are part of the case.
  • Option A: You can contact the local county sheriff, pay a professional private process server, or ask any neutral adult who meets the age requirement. 
    • They will file proof of delivery using JDF 1034: Return of Service.
  • Option B: If your spouse agrees to accept the papers voluntarily, they must sign and file form JDF 1033: Waiver of Service.

See our guide on Serving Divorce or Custody Papers for more information. 

Step 5: Your spouse responds 

  • If you filed without your spouse, they may file their official response using form JDF 1015: Response.

Step 6: Share financial information

  • Within 42 days of filing or receiving the papers, or on a date given to you by the court in the Case Management Order, both spouses must share financial information and submit forms JDF 1111: Sworn Financial Statement and JDF 1104: Certificate of Compliance.
    • JDF 1111 is a statement that provides a snapshot of your finances.  
    • JDF 1104 is you swearing to the court that you have provided the other parent with the documents the form lists.  

Step 7: Submit a parenting plan

  • Fill out form JDF 1113: Parenting Plan to propose your ideal schedule and parenting arrangement to the court. If you and the other parent agree on a parenting plan, you may submit a joint parenting plan together.  

Step 8: Submit child support calculations

  • Complete and file JDF 1821: Support Worksheet.

Step 9: File additional required divorce forms 

  • Submit forms JDF 1115: Property and Financial Agreement, JDF 1117: Support Order, and JDF 1019: Draft Decree. 
    • Sometimes, the court will not request these forms until later in your case.

Step 10: After you file, the court will send you a Case Management Order and will ask you to attend the initial court meeting. 

  • They will give you your remaining steps to finish the case.

Need more help?

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.

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