Understanding Child Custody Cases

Family
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Starting a custody case can feel stressful and confusing. In Colorado, custody cases are called Allocation of Parental Responsibilities (APR) cases. This guide explains:

  • The steps of a custody case
  • Common questions about custody
  • What options you may have at each step of the case

Step-by-step guide

Step 1: File the forms

Before you file a custody case, your child must meet Colorado’s home state requirement:

  • The child must have lived in Colorado for at least 182 days (about 6 months), or
  • If the child is younger than 182 days, the child must have lived in Colorado since birth
  • If your child has not lived in Colorado for the past 182 days continuously, you should talk to an attorney before going forward. 

To start the case, you must file these forms:

You can file the completed forms at the district court in the county where your children live. You can also file online through e-filing if you have access to a credit card.  

  • The court clerk will sign a summons. This summons is an official court document saying a custody case has been filed, listing the rules that all parties have to follow, and providing instructions for how and when the other party must respond.
  • You’ll need to pay a filing fee. If you can’t afford the filing fee, you may be eligible to have it waived by filing JDF 205: Motion to Waive Fees.

Tip: 
All Colorado custody forms are free on the Colorado Judicial Branch website.

Step 2: Serve the other person    

The other parent must receive legal notice of the case. This is called service.

You cannot serve the papers yourself. Service must be done by:

  • The sheriff’s department

    or

  • A professional process server

    or

  • An adult (18 or older) who is not part of the case

After service:

  • You file a Return of Service with the court. A Return of Service is a document that confirms the legal papers were delivered to the other parent. 

The other party may instead sign a Waiver of Service. A waiver of service is when the other party agrees to accept the court papers without being officially served. 

Important!
You usually cannot move the case forward until service is completed or a waiver of service is signed.

Step 3: Initial Status Conference (ISC)

The Initial Status Conference (ISC) is usually your first court date.

What to expect:

  • It may be in person, by phone, or by video
  • It is not a trial
  • There are no witnesses
  • A Family Court Facilitator usually runs the conference. A Family Court Facilitator is a court employee who helps people navigate the court and does not take sides in a case.

Before your first court date, you should:

  • Read the Case Management Order. A Case Management Order will be sent to you by the court. 
  • Sign up for the required parenting class. Information about how to sign up for a parenting class will be sent to you by the court. 
  • Begin your financial disclosures. Fill out court form JDF 1111 and gather up the required financial documents.

Step 4: File your financial disclosures

Both parents must share certain financial information.

Each parent must:

  • File a Sworn Financial Statement with the court and the other parent (court form JDF 1111).
  • Share required financial documents with the other parent.
  • File a Certificate of Compliance with the court saying what documents were shared. A Certificate of Compliance is a document that verifies you have given the other party your financial documents (court form JDF 1104).

Important!
You usually do not file most financial documents with the court. You only file the sworn statement and certificate with the court.

Step 5: Mediation or Alternative Dispute Resolution (ADR)

Many courts require parents to try mediation before having hearings.

In mediation:

  • A neutral mediator helps you try to reach agreements
  • The mediator does not make decisions for you

You may ask not to mediate if there is domestic violence.

Reduced‑fee mediation may be available if you qualify.

Find mediators on the Colorado Judicial Branch website. 

Important! 
You do not have to agree to anything in mediation and anything you talk about is confidential–so the judge will not know what you talked about in mediation. 

Step 6: Temporary orders hearing

A temporary orders hearing sets short‑term rules while the case is pending.

Temporary orders may cover:

  • Parenting time
  • Decision-making responsibilities 
  • Child support
  • Other short‑term arrangements

These hearings are usually brief. The judge relies on evidence, so you should prepare:

  • Documents
  • Witnesses 
  • Clear explanations of your requests

Step 7: Permanent orders hearing

The permanent orders hearing is the final hearing in your custody case.

At this hearing:

  • You present evidence and witnesses
  • The judge makes final decisions about:
    • Parenting time
    • Decision‑making
    • Child support

You must follow all deadlines and rules in the Trial Management Order or Pre‑Trial Order.

What is custody in Colorado?

Colorado does not use the word “custody.” Instead, courts decide Allocation of Parental Responsibilities (APR), which includes:

Does it matter who files first?

No. Filing first does not give you an advantage.

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:

    • A court order 

      or

    • Written agreement from the other parent

The injunction applies:

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:

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.

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?

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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Common Custody Questions

Get answers to common questions about parenting time, decision-making, child support, and safety concerns in a custody case.

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