Children, Support, and Property

When can I modify custody?

A parenting plan, including a parenting schedule, can be modified at any point whenever such an action would be in the best interest of the minor child. However, a substantial modification of parenting time can only be filed if it is shown that the child’s present environment may endanger the child’s physical health.

When can my child decide which parent to live with?

In Colorado, there is not set age limit on when a child can decide which parent to live with. The court will consider the child’s wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.

What is joint custody? What is sole custody?

Colorado does not have joint custody or sole custody. Colorado uses the term parental responsibility – which can either be joint or primary.  If you equally share in overnight visitation with the minor child, you have joint parental responsibility.  If a parent has less then 90 overnight visitations with the minor child, the other parent is considered to have primary parental responsibility. Colorado also divides residential responsibility from decision-making responsibility. Sole decision-making responsibility occurs when a parent is able to make all major decisions (education, religious, extracurricular, and medical) regarding the minor child without consulting with the other parent.  Joint Read more

Who will get custody of our child?

There are not set rules on who will automatically get custody of the children. There are statutory factors that the court must consider in awarding any decision regarding minor children.