In Colorado, when parents divorce or separate, the legal term used to describe decisions regarding minor children is "Allocation of Parental Responsibilities" (APR). This encompasses what is commonly known as "child custody" and focuses on two primary areas: parenting time and decision-making responsibility. The overarching principle guiding all APR determinations in Colorado is always the best interests of the child.

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Parenting Time (Physical Custody)

Parenting time refers to the schedule and physical presence of each parent with the child. This determines where the child will live and when they will be with each parent. Common parenting time arrangements include:

• Sole Parenting Time: One parent has the majority of the parenting time, and the child primarily resides with that parent. The other parent my or may not have regularly scheduled parenting time.

• Shared Parenting Time (Joint Physical Custody): Both parents have significant and regular parenting time with the child. This doesn't necessarily mean a 50/50 split but rather a schedule that allows both parents to be actively involved in the child's daily life.

• Supervised Parenting Time: If there are concerns about a child's safety or well-being with one parent, parenting time may be supervised by a third party. This supervision will often be with a family member or other person both parent and child know. Supervised parenting time may also occur with a professional parenting time supervisor or mental health professional. 

When determining parenting time, the court considers a variety of factors to ensure the arrangement serves the child's best interests.

 

Decision-Making Responsibility (Legal Custody)

Decision-making responsibility refers to the authority to make significant decisions regarding a child's upbringing. Example of decision-making include:

• Education: Choices about schooling, tutoring, and addressing other educational needs.

• Health Care: Decisions about medical, dental, and psychological treatment.

• Religious: Choices regarding the child's religious upbringing.

• Extracurricular Activities: This encompasses decisions about participation in sports, arts, clubs, and other activities. 

 

Decision-making responsibility can be allocated in two primary ways:

• Sole Decision-Making: One parent has the exclusive authority to make all major decisions in one or more of the aforementioned areas.

• Joint Decision-Making: Both parents share the authority and responsibility for making major decisions, requiring them to communicate and agree on important matters. This is the most common arrangement when both parents are capable of co-parenting effectively.

 

The "Best Interests of the Child" Standard

Colorado law mandates that all decisions regarding APR must be made in the "best interests of the child." This is a broad standard that allows the court to consider a wide range of factors, including:

• The wishes of the child's parents.

• The wishes of the child, if the child is mature enough to express their preferences.

• The interaction and interrelationship of the child with their parents, siblings, and any other person who may significantly affect the child's best interests.

• The child's adjustment to their home, school, and community.

• The mental and physical health of all individuals involved.

• The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.

• Whether the past pattern of parental responsibility demonstrates a parent's ability to prioritize the child's needs over their own.

• The physical proximity of the parents to each other, as it relates to the practicalities of the parenting plan.

• Any evidence of domestic violence, child abuse, or neglect.

• The ability of each parent to place the needs of the child ahead of their own.

 

The APR Process: How Decisions Are Made

1. Parenting Plan: Parents are strongly encouraged to create a "Parenting Plan" that outlines their proposed arrangements for parenting time and decision-making responsibility. This plan can be developed through negotiation, mediation, or with the assistance of attorneys.

2. Mediation: In most Colorado cases involving children, parents are required or strongly encouraged to participate in mediation. A neutral mediator helps parents communicate, identify common ground, and reach mutually agreeable solutions for their children. Mediation often leads to comprehensive and workable parenting plans. Learn more about mediation through Wollard Law Family Services here.

3. Parental Responsibilities Evaluator (PRE) or Child Family Investigator (CFI): If parents cannot agree on APR issues, the court may appoint a PRE or  CFI. These professionals conduct interviews, gather information, and provide recommendations to the court regarding the child's best interests.

4. Permanent Orders Hearing: If parents cannot reach an agreement through negotiation or mediation, a judge will ultimately make the final decisions regarding parenting time and decision-making responsibility during a Permanent Orders Hearing.

 

Modifying APR Orders

Once APR orders are entered by the court, they are generally considered final. However, they can be modified if there has been a significant change of circumstances in the lives of the child or parents, and the modification is in the child's best interests. Common reasons for modification include:

• A parent relocating a significant distance.

• A substantial change in a parent's work schedule or living situation.

• Changes in a child's needs as they grow older.

• Concerns about a parent's ability to provide a safe or stable environment.

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Navigating the complexities of APR can be emotionally charged and legally intricate. Working with an experienced Colorado family law attorney can:

• Help you understand your rights and responsibilities.

• Guide you in developing a comprehensive parenting plan that serves your child's best interests.

• Represent you in mediation, ensuring your voice is heard.

• Advocate for you vigorously in court if an agreement cannot be reached.

• Assist with any necessary modifications to existing APR orders.

Unbundled legal services provide an affordable and flexible option that provides the level of support and involvement your case needs while being more affordable than traditional representation. Learn more about unbundled services here.  

 

Disclaimer: This webpage provides general informational purposes only and does not constitute legal advice. Every APR case is unique. It is crucial to consult with a qualified Colorado family law attorney to discuss your specific situation and understand your legal options.