The Best Interests Standard
Colorado family courts use what is known as the "best interests of the child" standard when making custody determinations. This foundational principle guides every decision a judge makes regarding the allocation of parental responsibilities.
Under C.R.S. § 14-10-124, courts must consider a comprehensive set of factors when determining what arrangement best serves a child. These factors are not weighted equally — the court has broad discretion to evaluate the totality of circumstances.
Key Factors the Court Evaluates
The statutory factors include the wishes of the parents, the wishes of the child (if sufficiently mature), the interaction and interrelationship of the child with parents and siblings, the childs adjustment to home, school, and community, and the physical and mental health of all individuals involved.
Courts also consider each parents willingness to encourage a close and continuing relationship between the child and the other parent. A parent who demonstrates a pattern of undermining the other parents relationship with the child may find this factor weighing heavily against them.
Parenting Plans: The Framework for Custody
Colorado does not use the traditional terminology of "custody" and "visitation" in the same way many other states do. Instead, Colorado uses the concept of "allocation of parental responsibilities," which encompasses both decision-making authority and parenting time.
Decision-Making Responsibilities
Decision-making responsibility refers to a parents authority to make major decisions affecting the child, including education, healthcare, religious upbringing, and extracurricular activities. Courts can allocate decision-making jointly or solely, and can even split categories between parents.
Parenting Time Schedules
Parenting time refers to the actual schedule of when each parent has the child in their care. Colorado courts have wide latitude in designing parenting time schedules, from equal 50/50 arrangements to primary residence with one parent and scheduled time with the other.
The most common parenting time schedules in Colorado include the 2-2-3 rotation, alternating weeks, the 5-2-2-5 schedule, and every-other-weekend arrangements. The court will select a schedule based on the childs needs, the parents work schedules, geographic proximity, and the childs school and activity schedule.
Recent Legislative Changes in 2026
The Colorado legislature has enacted several significant changes to family law statutes in 2026 that directly impact custody proceedings.
Updated Relocation Standards
House Bill 26-1042 modified the relocation notice requirements, extending the required notice period from 49 to 63 days and adding new factors courts must consider when evaluating relocation requests. The bill also created a rebuttable presumption that relocation within the same school district does not require court approval.
Parenting Coordinator Reforms
Senate Bill 26-089 expanded the role of parenting coordinators in high-conflict cases, granting them limited decision-making authority on day-to-day disputes and creating a standardized training requirement for all court-appointed parenting coordinators in the state.
What to Expect in a Custody Proceeding
If you are entering a custody dispute in Colorado, understanding the procedural timeline is essential. Most cases begin with one party filing a petition for allocation of parental responsibilities, followed by service on the other parent, mandatory disclosure, and often mediation before any hearing occurs.
Colorado courts strongly encourage mediation and alternative dispute resolution. Many judicial districts require parents to attempt mediation before scheduling a contested hearing. Cases that resolve through mediation typically result in more durable agreements and less ongoing conflict.
The Role of a Child and Family Investigator
In contested cases, the court may appoint a Child and Family Investigator (CFI) to conduct an independent investigation and provide a written report with recommendations. CFI reports carry significant weight with judges, though they are not binding.
Parents should prepare thoroughly for CFI investigations, understanding that the investigator will interview both parents, observe parent-child interactions, review relevant records, and speak with collateral contacts such as teachers, doctors, and therapists.
Frequently Asked Questions
Colorado courts evaluate the best interests of the child, including the wishes of the parents and child, the relationship between the child and each parent, the childs adjustment to home and community, and the mental and physical health of all parties involved.
Colorado requires that a parent provide written notice at least 63 days before relocating with a child. The other parent can object, and the court will evaluate whether the relocation serves the childs best interests.