Child Custody in Colorado (Allocation of Parental Responsibilities)
Colorado no longer uses the word 'custody.' Instead it allocates parental responsibilities (APR), which splits into parenting time (when the child is with each parent) and decision-making responsibility (major decisions about education, health, and religion). Courts decide based on the best interests of the child, with paramount consideration to the child's safety, and there's no presumption favoring either parent.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
If you’re looking for “child custody” in Colorado, the legal term you’ll actually see is the allocation of parental responsibilities (APR). Colorado law dropped “custody,” “physical custody,” and “legal custody” in favor of two clearer ideas.
The two pieces: parenting time and decision-making
APR splits into:
- Parenting time — the schedule of when the child is with each parent.
- Decision-making responsibility — who makes major decisions about the child’s education, health care, and religious upbringing.
Either piece can be allocated to one parent (sole) or shared between both. Cases are filed in the district court where the child or a parent lives (C.R.S. 14-10-123).
The standard: best interests of the child
The court allocates parental responsibilities “in accordance with the best interests of the child, giving paramount consideration to the child’s safety” (C.R.S. 14-10-124(1.5)).
Parenting-time factors include the wishes of the parents and (where appropriate) the child, the child’s relationships and adjustment to home, school, and community, the mental and physical health of everyone involved, each parent’s willingness to encourage a loving relationship with the other parent, and the parties’ physical proximity.
Decision-making factors add whether the parents can cooperate and make decisions jointly, and whether joint decision-making will promote ongoing contact with each parent.
No preference for either parent
Colorado law is explicit: the court “shall not presume that any person is better able to serve the best interests of the child because of that person’s sex” (C.R.S. 14-10-124(3)). There’s no built-in advantage for the mother or the father.
Because APR turns heavily on the specific facts, connect with a lawyer to understand how the factors apply to your family.
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Start your free intakeFrequently asked questions
- Does Colorado use the word 'custody'?
- No. Colorado replaced 'custody' with the 'allocation of parental responsibilities,' which separately addresses parenting time and decision-making (C.R.S. 14-10-123, 14-10-124).
- How does a court decide parenting time and decision-making?
- By applying the 'best interests of the child' standard, giving paramount consideration to the child's safety, and weighing the factors listed in the statute (C.R.S. 14-10-124).
- Does the mother automatically get more parenting time?
- No. Colorado law prohibits the court from presuming either parent is better suited based on that parent's sex (C.R.S. 14-10-124(3)).
- What's the difference between parenting time and decision-making responsibility?
- Parenting time is the schedule of when the child is in each parent's care; decision-making responsibility is the authority to make major decisions about education, health care, and religion. Either can be sole or shared (C.R.S. 14-10-124).
Sources
Related guides
- Child Support in Colorado Colorado calculates child support with statewide guidelines built on an income-shares model — both parents' combined incomes and the number of overnights with each parent factor in to produce a presumptive amount. The guideline result is a rebuttable presumption, parties file a child support worksheet, and orders can be modified when there's a substantial and continuing change in circumstances.
- Colorado Divorce (Dissolution of Marriage) Colorado is a no-fault state and calls divorce a 'dissolution of marriage' — the only ground is that the marriage is irretrievably broken. At least one spouse must have lived in Colorado for 91 days, and a decree can't enter until 91 days after the court gets jurisdiction over the other spouse. Marital property is divided equitably (not necessarily equally), and spousal maintenance follows an advisory statutory guideline.