A dispute over where a child lives, how much time each parent has, or who makes major decisions can affect a family long after a court hearing ends. In Colorado, these matters are generally addressed through the allocation of parental responsibilities. A child custody lawyer can help a parent understand the applicable standards, prepare a parenting proposal, and address disagreements.
At The Law Office of Andrew Bryant, we represent parents in Colorado Springs and throughout El Paso County. We give parents a clear read on the standards a court applies, what a workable parenting proposal looks like in their circumstances, and where the real disagreements are. When those disagreements do not resolve by agreement, we take them to hearing.
We have two offices, one in Colorado Springs and one in the Denver metro area. Call (719) 634-7353 for Colorado Springs or (720) 548-4440 for Denver and Greenwood Village for a free case review of your parental-responsibilities matter.
Child Custody Under Colorado Law
Colorado generally uses the term “allocation of parental responsibilities (APR)” rather than treating custody as a single legal right. The allocation may address two separate areas: parenting time and decision-making responsibilities.
An APR case can address:
- Parenting time and parenting schedules
- Major decision-making, including school and medical decisions
- Holiday and vacation arrangements
- Transportation between households
- Communication between parents
- Relocation
- Child support and related financial issues
The appropriate arrangement depends on the circumstances of the child and family. For example, both parents may share decision-making while the child spends more scheduled time with one parent. In another case, one parent may have sole decision-making authority while the court still provides the other parent with substantial parenting time.
A court does not automatically favor either parent based on gender. Colorado law requires the court to consider the child’s best interests when allocating parental responsibilities.
How Does Colorado Decide Parenting Time?
Colorado courts determine parenting time based on the child’s best interests and the statutory factors that apply to the case. C.R.S. § 14-10-124 identifies factors courts may consider when allocating parental responsibilities, including:
- The wishes of the child’s parents concerning parenting time
- The wishes of the child, if the child is mature enough to express a > reasoned and independent preference about the schedule
- The child’s interaction and interrelationship with the parents and > any other person who can affect the child’s best interests
- The adjustment of the child to school, home, and community
- Each parent’s ability to encourage the sharing of love, affection, > and contact between the child and the other parent
- The mental and physical health of everyone involved, which a court > cannot weigh against a parent based on a disability alone
- The parties’ past pattern of involvement with the child, including > their values, time commitment, and mutual support
- The physical distance between the parents’ homes, which affects how > a schedule can realistically work
A parenting schedule determines how a child’s time is divided between households. It can include regular weekdays, weekends, school breaks, holidays, birthdays, summer vacations, and other important dates.
A schedule that looks simple on paper can become difficult when parents live far apart, work irregular hours, or have children with different school and activity schedules.
At The Law Office of Andrew Bryant, we help parents consider how a proposed schedule would function in everyday life, not simply how it sounds during a legal dispute.
What If Parents Cannot Agree on a Parenting Plan?
Parents do not have to resolve every disagreement before seeking legal assistance. A case may proceed through negotiation, mediation, or court proceedings depending on the issues at hand and the ability of both parents to reach an agreement. Mediation is a structured settlement discussion led by a neutral third party rather than decided by a judge.
Mediation can give parents an opportunity to develop their own parenting arrangement with assistance from that mediator. It can be particularly useful when parents disagree about schedules, decision-making, transportation, or holidays but remain willing to work toward common ground. If an agreement cannot be reached, the court may decide the disputed issues.
Parenting Plans After a Separation
When parents separate, they may need a formal parenting plan even if they were never married. The fact that the parents are no longer living together does not by itself establish a workable schedule or resolve decision-making authority.
Parents can sometimes agree on a plan and submit it for court approval. When they cannot agree, the court can establish parental responsibilities based on Colorado law and the child’s circumstances.
A parent should also be careful about making informal arrangements that work temporarily but become difficult to enforce later. A schedule that seems manageable during the first few months of a separation may become impractical once school, work, holidays, activities, or relocation enter the picture.
How Does Child Custody Work for Unmarried Parents?
Unmarried parents can obtain court orders concerning parenting time and decision-making under C.R.S. § 14-10-123. The court may need to establish parentage first before it can address those issues the way it would in an established legal parent-child relationship.
A biological relationship and legal parentage are not the same thing in court. A parent may need to establish legal parentage before a judge can enter orders on parenting time or decision-making. For fathers pursuing parental rights, establishing paternity can be done through a voluntary acknowledgment or a court proceeding.
Parents seeking custody outside of divorce should consider the complete legal picture rather than focusing only on where the child will spend most nights. A parenting order can establish responsibilities that affect school decisions, medical care, holidays, transportation, and future disputes.
Modifying a Colorado Parenting Order
A parenting order may be modified when the statutory requirements in C.R.S. § 14-10-129 are satisfied. The standard depends on the type of change requested and the circumstances underlying the existing order.
Reasons a parent may seek a modification can include:
- A substantial change in circumstances
- A significant change in the child’s needs, including school, > educational, or health-related needs
- A parent’s relocation
- A substantial change in a parent’s work schedule
- Safety concerns, including domestic violence or abuse
- A parent’s repeated failure to follow the existing order
- A significant change in the child’s relationship with a parent
A parent should review the existing order before assuming that a modification is available. Colorado generally requires a parent to wait at least two years before the next change in custody orders, subject to limited exceptions. The fact that circumstances have changed does not automatically mean the court will alter the existing arrangement.
How Does Child Support Relate to Parenting Time?
Child support and parenting time are decided under different legal standards, but they are not independent of each other. The number of overnights a parent has is a direct input in the Colorado support calculation.
Colorado’s child-support framework under C.R.S. § 14-10-115 considers parental income, the number of children, parenting time, health insurance, child-care expenses, and other statutory factors.
For parents trying to understand how child support works in Colorado, the parenting schedule is one of the numbers that drives the child support worksheet. That does not mean a parent can withhold parenting time because support has not been paid, or withhold support because parenting time is being disputed.
Our team can review the existing orders and financial information to explain how the issues relate to one another without treating one obligation as a substitute for the other.
Evidence That Matters in a Parenting Dispute
A parent’s general belief that they are the better parent is rarely enough by itself to resolve a contested case. Courts consider evidence relevant to the statutory factors and the child’s circumstances.
Useful information may include:
- School and medical records
- Parenting schedules and proposed parenting plans
- Communication between the parents
- Records of exchanges and missed parenting time
- Evidence concerning the child’s daily routine
- Information about each parent’s involvement in school and > activities
- Documentation concerning safety concerns
- Relevant employment schedules
Parents should preserve relevant communications and records rather than deleting material simply because it is unpleasant to review. At the same time, not every disagreement needs to become evidence in court. A lawyer can help distinguish legally relevant information from ordinary parental conflict.
What If There Are Allegations of Abuse or Safety Concerns?
Safety concerns can substantially change the way a parenting case is handled. Colorado law gives specific consideration to domestic violence, child abuse, neglect, and other conduct affecting the child’s safety.
A parent who believes a child is at risk should raise those concerns through the appropriate legal channels rather than attempting to resolve a serious safety issue through informal retaliation or unilateral changes to an existing order.
Andrew Bryant has described family-law advocacy as involving protection as well as representation. In cases involving allegations of abuse, that can mean advocating for a parent who believes the child’s safety requires court intervention while presenting the relevant facts and evidence to the court.
Call (719) 634-7353 for a free case review with a Colorado child custody attorney if you have concerns about your child’s safety.
Working With Our Colorado Springs Family Law Team
Parents need more than someone who knows the terminology of family law. They need someone who will listen to what is happening, explain what the law means, and help them understand the consequences of the choices in front of them. That is central to how we approach family-law representation, whether you reach us at our Colorado Springs office or our Denver-area office in Greenwood Village.
We believe that the attorney-client relationship is a partnership in which the attorney provides advice while the client remains responsible for personal decisions. We emphasize giving clients the information and tools necessary to make informed choices.
Our approach includes:
- Listening carefully to the circumstances: Parenting disputes can involve years of family history that cannot be reduced to a single court filing.
- Explaining the legal framework: We translate legal standards into practical information so clients understand what the court may consider.
- Discussing possible paths: Negotiation, mediation, and litigation each carry different considerations.
- Preparing for contested proceedings: A preference for settlement does not mean being unprepared for court.
- Keeping the client involved: We provide guidance without taking ownership of decisions that belong to the parent.
Our family-law attorneys also view themselves as counselors, because clients may need someone to listen while they process an unfamiliar and stressful situation. That combination of legal advocacy and counseling informs our work with parents.
Call (719) 634-7353 for a free case review with a child custody attorney Colorado Springs parents rely on for parenting time, decision-making, relocation, and modifications.
A Child Custody Lawyer Puts Your Family’s Next Decision on Clearer Ground
A parenting dispute can make every decision feel urgent. The legal process does not have to mean giving up your voice in those decisions.
Our Colorado Springs family-law attorneys help parents with parental responsibilities, parenting time, decision-making, relocation, modifications, and related support issues. Whether your case resolves through negotiation or requires court involvement, The Law Office of Andrew Bryant is ready to guide you at every stage.
Call (719) 634-7353 for Colorado Springs or (720) 548-4440 for Denver and Greenwood Village for a free case review with a child custody attorney Colorado parents rely on for parenting time, decision-making, relocation, and modifications.
FAQs: Child Custody Lawyer
Parents considering a custody or parenting case frequently have questions that go beyond the basic legal terminology.
Does Colorado automatically give parents equal custody?
Colorado law encourages meaningful involvement by both parents when that is consistent with a child’s best interests. There is no automatic rule requiring every family to have an equal parenting-time schedule. Courts build the schedule around the statutory factors and the specific circumstances of the child.
Can a parenting agreement be changed without going back to court?
Parents can sometimes agree to changes between themselves, but whether that agreement changes the existing court order depends on the nature of the change and the applicable legal requirements. A parent should not assume that an informal agreement automatically replaces a court order. Putting an agreed change in front of the court is what makes it enforceable.
Can grandparents request parenting time?
Under C.R.S. § 19-1-117, a grandparent or great-grandparent may seek court-ordered visitation in specific circumstances. Those include the divorce or legal separation of the child’s parents, the death of the parent who is the grandparent’s child, or the placement of the child in the legal custody of someone other than a parent. Whether a court grants it depends on the family circumstances and the child’s best interests.
Do I need a lawyer for a child custody case?
Legal representation can be particularly useful when parents disagree about significant issues, safety concerns exist, relocation is involved, or an existing order needs to be modified or enforced. Our custody lawyer Colorado Springs team can examine the situation and explain the available options before you make a major decision.
Can parenting time be supervised?
A court can order supervised parenting time when the circumstances support restrictions on a parent’s contact with the child. Supervision may be considered when concerns involving safety, domestic violence, abuse, neglect, or substance use make unrestricted parenting time inappropriate under the applicable legal standards.
