Quick Answer: Under Colorado custody laws, courts prioritize arrangements that serve the child’s best interests, usually shared parental responsibility rather than full custody. Filing for full custody in Colorado requires strong evidence that shared decision-making would harm the child. Custody decisions are based on parenting plans, each parent’s involvement, and the child’s needs.

If you are going through a divorce or separation and need to address child custody in Colorado, the process can feel overwhelming, especially when emotions are involved. Understanding how custody works and what the court requires can help you move forward with clarity and confidence.

How DO I File for Child Custody in Colorado?

We've put together a step-by-step overview of how custody cases typically work in Colorado, including what paperwork is required, how parenting plans are handled, and when court involvement becomes necessary. This guidance applies to families throughout Colorado, including Denver and the Brighton area.

Step 1: Determine How Custody Applies to Your Case

Child custody in Colorado is addressed through the allocation of parental responsibilities. If you are divorcing, custody is handled as part of the divorce process. If the child's parents were never married, custody requires a separate filing requesting parental responsibilities.

In either situation, the process begins by identifying whether custody will be decided jointly or contested and involves submitting a parenting plan and related forms.

In this case, we’ll discuss how to file for child custody as a divorcing couple. 

Step 2: Complete a Parenting Plan

Colorado court provides a state-issued parenting plan that parents will need to fill in and submit. The document prompts the parents to determine the following:

• Where will the child live during the school year?
• How will you make major decisions on behalf of the child — father, mother, or jointly?
• When will the child be in each parent’s care during weekends and weekdays? 
• How would the summer schedule be different?
• Where will the child spend all major holidays? 
• What happens if one of the parents decides to relocate? 
• How will child expenses be paid, and how will child support payments be allocated?

The parenting Plan can be submitted as:

• Joint: when you agree on everything 
• Partially joint: when some issues are unresolved 
• Prepared by one party: when you have not reached an agreement 

The parenting plan form is highly comprehensive and covers most aspects of the standard elements. For that reason, it may also be hard for a couple to negotiate all the terms. If you cannot agree on matters, consider retaining a divorce attorney or undergoing divorce mediation. 

3. Prepare Child Custody Paperwork 

In addition to the parenting plan, custody cases require specific court forms. When custody is addressed during a divorce, these commonly include:

• Case Information Sheet
• Petition for Allocation of Parental Responsibilities
• Summons
• Proposed Order for Allocation of Parental Responsibilities

The court will then review your motion within 49 days and issue a ruling on the matter.  If you are seeking to change an existing custody order, you must file different modification forms instead.

Because filing errors can delay a case, many parents consult a Colorado child custody attorney before submitting paperwork.

4. Attend the Initial Status Conference (ISC)

An initial status conference is a provisional meeting with the court clerk to explain the next steps of the proceedings. At this point, the clerk will review all the submitted forms and suggest the next steps. 

From this point, several scenarios are possible. In case of an uncontested divorce, the court will review and approve the parenting plan without your further involvement. If some unresolved issues remain, the divorce moves into the contested territory. 

Step 5: Attempt Resolution or Prepare for a Custody Hearing

When parents cannot agree on custody terms, there are generally two paths forward. They may attempt to resolve the dispute through mediation or with the assistance of a collaborative divorce attorney, working toward a mutually acceptable parenting plan outside of court. Alternatively, the case may proceed to a custody hearing, where a judge will evaluate the evidence and make a decision based on the child’s best interests.

Mediation is often less costly and less emotionally taxing than litigation, but it is not appropriate in every situation, particularly where there are safety concerns or significant conflict. If the matter proceeds to court, both sides will need to present evidence and testimony to support their positions.

Parents seeking to modify an existing custody order may face similar resistance from the other party. In those cases, the options remain the same: attempt to resolve the issue through negotiation or mediation, or proceed to a formal court hearing if an agreement cannot be reached.

Step 6: Understand When Full Custody May Be Granted

Colorado courts generally prefer shared parental responsibilities. Filing for full custody requires showing that shared custody would be harmful to the child.

Courts may consider full custody when there is evidence of:

• Abuse, neglect, or child abandonment
• Substance abuse or severe mental health concerns
• Incarceration
• Termination of parental rights
• A parent is legally unfit

Meeting the requirements to get custody of a child on a sole basis requires strong, credible evidence.

Step 7: Receive the Court’s Custody Order

After reviewing the parenting plan, evidence, and legal arguments, the court issues a custody order defining parenting time and decision-making authority. This order is legally binding and enforceable.

Gain Trusted Legal Support 

Child custody cases involve both legal complexity and emotional stress. Whether you are seeking shared custody, modifying an existing order, or pursuing full custody in Colorado, having experienced legal guidance can make a meaningful difference.

The family law attorneys at Tolison & Williams assist parents throughout Denver, North Denver, and Brighton with child custody matters. Contact our office today to discuss your options and next steps.

FAQs: Child Custody in Colorado

How does custody work in Colorado?

Many parents ask how does custody work before filing. Under Colorado custody laws, courts allocate parental responsibilities rather than using traditional custody labels. This includes decision-making authority and parenting time, both based on the child’s best interests.

What are the requirements to get custody of a child in Colorado?

The requirements to get custody of a child include showing that your proposed parenting arrangement serves the child’s best interests. Courts consider parenting ability, cooperation, and the child’s needs when issuing custody orders.

What is considered full custody in Colorado?

Full custody generally refers to sole legal custody, where one parent has primary decision-making authority and parenting time. Courts grant full custody only when shared custody would not be in the child’s best interests.

What is a parenting plan in Colorado?

A parenting plan Colorado courts require is a written document outlining parenting time, decision-making authority, and child-related responsibilities. It may be submitted jointly or by one parent if no agreement exists.

What is a co-parenting agreement?

A co-parenting agreement is another term parents use to describe a parenting plan. It explains how parents will share responsibilities, communicate, and resolve disputes after separation or divorce.

If you have additional questions about how to file for child custody in Colorado, please contact our experienced family law attorneys.