We Choose Sides. Yours.
At Jones Law Firm, we understand the emotional strain that child custody battles create — but understanding isn’t enough. We bring decisive leadership to protect what matters most — your family’s future.
Our mission is to give you clarity, confidence, and a strategic path forward at every stage. As family law attorneys who have guided thousands of Denver families through this complex process, we’ve seen firsthand how clarity, preparation, and decisive action ease stress and improve outcomes.
We break down everything you need to know about navigating child custody in Denver divorces, combining our decades of legal experience with practical, actionable advice to support you at every step.
Understanding Child Custody Laws in Denver
How Does Colorado Define Child Custody?
In Colorado, child custody isn’t even called “custody” anymore. It’s legally known as Allocation of Parental Responsibilities (APR), which includes both parenting time (physical custody) and decision-making authority (legal custody). Think of APR as determining who your child spends time with and who makes significant decisions about their health, education, and upbringing.
Legal vs. Physical Custody
Legal custody involves who makes major life decisions for your child—like healthcare, schooling, and religious upbringing. Physical custody (parenting time) covers where your child lives and how time is shared between parents.
Colorado courts divide these responsibilities with one goal in mind: protecting the child’s best interests long-term. Whether the outcome is shared or sole custody, every decision is rooted in what provides the most stable, nurturing environment for the child to thrive.
Types of Child Custody Arrangements in Denver
Custody arrangements in Denver courts are customized to each family’s unique needs. There is no one-size-fits-all solution, and at Jones Law Firm, we tailor every parenting plan to support long-term success for your child—and clarity for you.
Joint Custody
Joint custody means both parents share significant parenting time and decision-making responsibilities. Courts often favor this approach when both parents are involved, communicate effectively, and live close enough to support a shared schedule.
A common joint arrangement could involve alternating weeks or splitting the week evenly. Joint custody helps children maintain strong relationships with both parents, which often leads to better emotional outcomes.
We often advise families to implement structured tools like:
- Shared parenting calendars
- Transition-day protocols
- Provisions for holidays and school breaks
These systems reduce misunderstandings, reinforce stability, and help children adjust more smoothly between homes.
Sole Custody
Sole custody—where one parent has primary decision-making authority or parenting time—is generally awarded when the other parent poses risks such as abuse, untreated mental health issues, or substance use concerns.
The non-custodial parent may still have visitation rights, but the court may limit or supervise that time depending on the circumstances.
We help clients prepare thoroughly with documentation, witness statements, and detailed parenting plans that clearly demonstrate why sole custody protects the child’s wellbeing. These cases demand precision, preparation, and an unwavering focus on the child’s safety.
Customizing Visitation and Parenting Time
Denver courts support parenting plans that reflect the real lives of families. That means your visitation schedule can—and should—be customized.
We routinely help clients build agreements that include:
- Alternate holiday schedules
- Vacation and travel plans
- Flexibility for out-of-state family events
These details help avoid future conflict and create predictability for your child, which is especially important during times of transition. A well-structured parenting plan doesn’t just support the present—it builds long-term stability.
What Influences Custody Decisions?
Denver courts base custody decisions on Colorado’s “best interests of the child” standard. Let’s explore what that means practically.
Determining the “Best Interest of the Child”
Judges consider factors such as:
- Parental relationships and involvement.
- Stability of each parent’s home environment.
- Mental and physical health of everyone involved.
- Ability of parents to cooperate and support each other’s relationship with the child.
These criteria are carefully evaluated to ensure that the child’s emotional, educational, and physical needs are consistently met. The focus is always on what environment best supports the child’s growth, stability, and long-term success.
Importance of Living Situation
Your home’s stability significantly impacts custody decisions.
For instance, if one parent has maintained a stable home close to the child’s school, friends, and activities, the court may view that favorably, helping maintain consistency in the child’s life. Making sure your living situation reflects stability and routine can greatly strengthen your custody case. Documenting your home environment and community ties reinforces your household’s ability to support your child’s success.
Child’s Preference
While there’s no magic age in Colorado when a child chooses custody, mature children’s preferences do carry weight. If a judge believes a child is mature enough, they might speak privately with them to better understand their wishes. The child’s preference can become one important part of the overall custody determination.
Legal Process for Seeking Child Custody in Denver
Knowing what to expect makes navigating custody smoother. Here’s a clear breakdown:
What Documents Are Required?
At minimum, you’ll need to file:
- Petition for Allocation of Parental Responsibilities
- A proposed parenting plan
- Financial affidavits
- Proof of parenting class completion
Getting these organized early allows us to present a strong, cohesive case from the start.
How Long Does the Process Take?
Expect the process to last at least 91 days from filing to the final hearing, though contested cases with evaluations or mediation often extend to several months.
What Happens in a Custody Hearing?
At the hearing, you and your ex-partner will present evidence, testimony from witnesses, or evaluations from custody investigators. The judge uses this information, aligned with Colorado’s best interests standard, to make their final custody decision.
Parental and Guardian Rights Under Denver Custody Law
Do Both Parents Have Equal Rights Initially?
Yes. Colorado law explicitly prohibits bias based on gender. Both parents start with equal footing in custody disputes. The focus is solely on the child’s welfare and ensuring fair, meaningful participation by both parents whenever possible.
Can a Non-Parent Obtain Custody?
In certain cases, yes. A guardian, grandparent, or close family member may petition for custody if they’ve served as a significant caregiver and if custody with them is in the child’s best interest. These cases are complex, but they’re not impossible. We’ve helped extended family members protect critical bonds when the biological parents were unable to provide consistent care.
Modifying Child Custody Agreements
Life circumstances inevitably change. Colorado law allows custody modifications when significant, ongoing changes impact the child’s wellbeing.
Reasons for Modification
Common reasons include relocation, a substantial change in parental availability, or new concerns about a child’s safety or stability.
What Steps Are Required to Modify a Custody Order?
You’ll file a Motion to Modify with Denver District Court. You’ll need clear evidence of the changes affecting your child’s best interests, and the court will likely schedule a hearing to review this.
Role of Mediation in Child Custody Cases
Mediation is usually mandatory before contested hearings and often helps parents avoid lengthy court battles.
Resolving Disputes Through Mediation
Mediation provides a neutral space where a trained mediator helps parents reach practical compromises. This approach is quicker, less expensive, and typically less stressful than going to trial. Successful mediation isn’t luck — it’s the result of strategic negotiation focused on protecting your child’s stability.
Is Mediation Mandatory in Denver?
Yes. Denver courts typically require mediation unless safety concerns exist, such as domestic violence.
Impact of Domestic Violence on Custody Decisions
Denver courts take domestic violence allegations extremely seriously.
Can a History of Domestic Violence Prevent Custody?
Yes. Documented abuse can severely limit or eliminate parenting time, often resulting in supervised visitation only.
Protective Measures
Courts act decisively to protect children, ordering supervised visitation, protective orders, or structured exchanges in safe public locations.
Enforcing Custody Agreements
Custody orders aren’t optional—they’re legally binding.
What Steps Should You Take If an Agreement Is Violated?
File a Motion for Contempt or request modifications to ensure compliance. Courts can impose fines, additional parenting time, or even jail for repeated violations. Your parenting rights are enforceable — and we fight to protect them.
Can You Legally Enforce Visitation Rights?
Absolutely. If one parent consistently denies visitation, you can request enforcement through the courts, potentially resulting in makeup visits or stronger legal measures.
Resources for Parents in Denver
Denver offers extensive support:
- Parenting Classes & Mediation: Available through Colorado Judicial Branch.
- Counseling & Support Groups: Caring Heart Counseling, KIDS Program.
Domestic Violence Resources: Rose Andom Center provides comprehensive safety planning and advocacy.
Conclusion and Final Thoughts
Navigating custody in Denver divorces is rarely easy, but understanding your rights, the court process, and available resources can dramatically improve your experience and outcome. At Jones Law Firm, P.C., our mission is to protect your family and preserve your future.
As founder April D. Jones frequently reminds clients:
Investing in yourself and your family first is essential—you deserve support that helps you make informed, empowered decisions.
If you’re facing custody concerns or need guidance, don’t hesitate to reach out— let’s move forward with strength, strategy, and results you can trust.
