Almost always, the very first thing parents facing divorce or separation want to ask me about is custody of their children. Parents want to know: How often will I be able to see my child? Can I get full custody? What happens if the other parent and I can’t agree?
As an attorney at Jones Law Firm, I’ve worked with many parents in Denver and across Colorado during times of true stress and turmoil. The fear of losing time with your child is overwhelming. With more than a decade of experience as a Denver family‑law attorney, I know how important it is to have local counsel who understands both the law and the unique challenges facing Colorado families.
It is important you have the right guidance so you can move forward with clarity and confidence. My approach is to attentively listen, get a full picture of you and your child’s circumstances, explain the law and processes, and fight for the well-being of yourself and your children.
While Colorado custody law has many complexities, the guiding principle is actually very straightforward: the court always looks to the child’s best interests. Understanding how that works is the first step in protecting your relationship with your child.
What Does “Custody” Mean in Colorado?
In Colorado, the term “child custody” has been replaced with “allocation of parental responsibilities.” This legal framework focuses on two key areas:
- Decision-Making Responsibility: Who makes major decisions about the child’s life. This relates to the child’s health, education, and religious upbringing, and any other important aspect that requires a decision by you.
- Parenting Time: The schedule that determines when the child lives with or spends time with each parent.
Colorado courts no longer use terms like “sole custody” or “joint custody.” Instead, the law encourages both parents to play active roles in their children’s lives.
How Do Colorado Courts Decide Custody and Parenting Time?
Courts in Colorado apply the “best interests of the child” standard (C.R.S. § 14-10-124). Judges consider several factors, including:
- The wishes of the child’s parents as to parenting time;
- The child’s relationship with each parent, sibling, and any other person who may significantly affect the child’s best interests;
- The child’s adjustment to home, school, and community;
- The mental and physical health of all parties;
- Whether a parent has a history of domestic violence;
- The ability of each parent to encourage a the sharing of love, affection, and contact between the child and the other party.
No single factor is determinative; the judge evaluates the totality of circumstances to decide what arrangement serves the child’s best interests.
In one recent case, a client of Jones Law Firm wanted more overnights due to their increased presence in their child’s life. By creating a customized parenting plan that included incremental parenting time increases over time and communication with the other party, that parent was able to preserve strong bonds with their child while addressing the court’s concerns about consistency.
Types of Parenting Time Arrangements
Every family is unique, but some common arrangements include:
- Equal Parenting Time (50/50): The child splits time between both parents. This can be fashioned in many ways, such as a 5-2-2-5 or 3-4-4-3 parenting time schedule.
- Primary Parent Model: One parent provides the child’s primary residence, while the other has scheduled parenting time.
- Supervised Parenting Time: Ordered when safety concerns exist (e.g., substance abuse or domestic violence).
Colorado courts generally believe children benefit from having both parents involved, unless doing so would put the child at risk.
I’ve had parents who were convinced a 50/50 schedule wouldn’t work find creative solutions that balanced school, work, and extracurricular activities. It is important to be flexible, patient, and willing to adapt as your children grow.
Common Misconceptions About Custody in Colorado
❌ “Mothers automatically get custody.”
False. Courts evaluate parenting ability, not gender.
❌ “Custody decisions are permanent.”
Parenting time orders can be modified if circumstances change.
❌ “Joint custody always means 50/50 time.”
Joint decision-making does not always equal parenting time.
The Role of Mediation and Parenting Plans
Before going to trial, parents are required to mediate. This gives families a chance to create a parenting plan that works for everyone without relying on a judge’s decision.
A strong parenting plan should cover:
- Weekly schedules
- Holidays and vacations
- Transportation arrangements
- Communication guidelines
- Decision-making protocols
- Insurance costs coverage
- Protocol when circumstances change
Courts prefer that parents collaborate on parenting plans. It shows commitment to the child’s well-being, which will ultimately work in your favor.
How Mediation Works in Colorado Custody Cases
Mediation provides a neutral space where parents can work through disagreements with the help of a trained mediator. They are almost always done online. You and your attorney will sit in one virtual conference room, while the other party is in another virtual room. The mediator then goes back-and-forth between both parties until there is either a full or partial resolution, or it becomes clear that there will not be a resolution.
During mediation, parents may discuss:
- How to divide parenting time around work and school schedules
- Ways to minimize disruption for children
- Approaches to handling future disagreements without returning to court
- How to fairly share holidays, birthdays, and vacations
I remind my clients that mediation isn’t about ‘winning’ or ‘losing.’ There are really no winners or losers in family law. Mediation is about finding solutions that keep your child’s needs front and center. When parents can shift the focus away from conflict and toward cooperation, children thrive.
Can Custody and Parenting Time Orders Be Changed?
Parents may change jobs, want to relocate to a new state, have to care for a family member, or face a variety of challenges. Colorado law allows custody and parenting time orders to be modified if there is a substantial and continuing change in circumstances that affects the child’s best interests.
Examples that may justify a modification include:
- A parent relocating for work
- Significant changes in a child’s school or health needs
- Concerns about a parent’s fitness due to unsafe behavior
- One parent consistently failing to follow the parenting plan
Custody orders are not set in stone; parents can petition the court to revisit arrangements when major life changes occur.
Why Choose Jones Law Firm for Custody Cases in Colorado?
- We’ve handled cases in Denver County, Arapahoe County, and across Colorado.
- We prioritize collaboration and teamwork among ourselves to get the best results for our clients.
- Many of our clients come from referrals, a testament to our reputation and the outcomes we achieve.
When parents walk through our doors, I want them to not only feel understood but empowered with the knowledge they need in going through these difficult circumstances. Custody cases are about building a future that allows you to remain a loving, consistent presence in your children’s lives.
You deserve an attorney who understands both the legal process and the emotional stakes. We are always ready to talk.Contact us to schedule a confidential consultation. Take that first, empowering step to protect your family’s future..