When parents in Denver decide to divorce, one of the most emotionally difficult and legally complex issues they face is child custody. In Colorado, child custody is legally referred to as “parental responsibilities,” which includes decision-making authority and parenting time. Understanding how these responsibilities are divided—and how the court makes decisions—can help parents prepare for the road ahead.

Whether you’re considering divorce or already in the process, knowing your rights and obligations under Colorado law is essential. This guide outlines how child custody works in Colorado, how courts make decisions, and what divorcing parents in Denver need to know to protect their children and their parental rights.

Parental Responsibilities in Colorado

Colorado does not use the terms “custody” or “visitation” in its legal code. Instead, it defines two main aspects of parental responsibilities:

Decision-making responsibility: Who gets to make major decisions about the child’s education, health care, religion, and general welfare.

Parenting time: When the child spends time with each parent, including weekly schedules, holidays, and summer breaks.

These responsibilities can be shared jointly or assigned solely to one parent, depending on what the court believes is in the best interest of the child.

Legal Standards: Best Interests of the Child

Colorado courts prioritize the best interests of the child when determining how to allocate parental responsibilities. The court will look at a variety of factors, including:

The child’s relationship with each parent

Each parent’s ability to encourage a positive relationship with the other parent

The mental and physical health of all parties

The child’s adjustment to home, school, and community

The wishes of the child (if mature enough to express a reasoned preference)

Any history of domestic violence, child abuse, or substance abuse

Courts in Denver will not favor one parent over the other based on gender. Both mothers and fathers have equal rights under Colorado law. That said, parental conduct and ability to co-parent effectively carry significant weight in the court’s decision-making process.

Joint vs. Sole Decision-Making Responsibility

In many cases, Colorado courts prefer to award joint decision-making responsibility, allowing both parents to have a say in the child’s major life decisions. However, if the court finds that joint decision-making is likely to cause conflict or is not in the child’s best interest, it may award sole decision-making responsibility to one parent.

For example, if one parent has a history of abuse, addiction, or neglect, the court may find it necessary to restrict that parent’s involvement in major decisions.

Parenting Time (Physical Custody)

Parenting time refers to the actual time each parent spends with the child. Colorado courts encourage both parents to have meaningful and frequent contact with the child unless it would put the child at risk.

A typical parenting plan might include:

A weekly schedule (such as alternating weekends and mid-week visits)

Alternating holidays and birthdays

Extended summer vacations with each parent

Provisions for communication between the child and each parent

If parents can agree on a parenting schedule, the court will usually approve it as long as it aligns with the child’s best interests. If they cannot agree, the court will impose a parenting plan after reviewing the evidence.

Can the Child Choose Which Parent to Live With?

Children in Colorado do not have the legal authority to decide which parent they want to live with. However, courts will take the child’s wishes into account if the child is deemed mature enough to express a reasoned and independent preference. There is no specific age at which this happens, but it is generally considered around age 12 or older.

Still, the child’s preference is only one of many factors the court will consider.

Modification of Custody Orders

Life changes. If your existing parenting plan is no longer workable, you may petition the court to modify parental responsibilities. Colorado courts will only modify orders if there is a substantial and continuing change in circumstances, and the change must serve the child’s best interests.

Examples of qualifying changes include:

A parent relocating out of state

Changes in a parent’s work schedule or health

Concerns about the child’s safety or well-being

A parent refusing to comply with the parenting plan

You must file a motion with the court and may need to go through mediation or a hearing to finalize the change.

Emergency Custody in Colorado

In cases involving immediate danger—such as abuse, neglect, or substance abuse—either parent may file for emergency custody. The court can grant temporary changes to parenting time to protect the child. These motions are taken very seriously and typically require evidence, such as police reports, medical records, or witness testimony.

If you’re facing a situation like this, a Denver divorce lawyer can help you understand your rights and take swift legal action.

Parenting Classes and Mediation

In most Denver divorce cases involving children, the court will require both parents to complete a mandatory parenting class focused on minimizing the impact of divorce on children. The class helps parents understand how to co-parent effectively and prioritize their child’s needs.

Additionally, if parents cannot agree on a parenting plan, the court may order mediation before setting a final hearing. Mediation allows both parties to work with a neutral third party to resolve disagreements without a lengthy court battle.

Relocation and Moving with a Child

If one parent wants to relocate with the child—especially out of Denver or Colorado—they must first get approval from the court or agreement from the other parent. This is known as a relocation request and often involves a full hearing.

The court will evaluate:

The reason for the move (e.g., job opportunity, family support)

The potential impact on the child’s relationship with the other parent

Whether a revised parenting plan can preserve both parents’ involvement

Relocation cases are highly contested and can drastically affect both parental responsibilities and the child’s emotional stability.

Do You Need a Lawyer?

While some parents try to handle custody issues without legal help, doing so can be risky—especially if the situation is contested, complex, or involves concerns about abuse or relocation.

A knowledgeable Denver divorce lawyer can help you:

Understand your rights under Colorado custody laws

Draft a parenting plan that meets your needs and complies with the law

Represent you in mediation or court hearings

Petition for modifications or emergency orders if necessary

Having the right legal advocate can reduce conflict and give you peace of mind during a difficult transition.

Conclusion

Child custody decisions are never easy, but understanding how Colorado courts handle parental responsibilities can help divorcing parents in Denver make informed choices for their children’s future. Whether you're working through a cooperative parenting plan or preparing for litigation, knowing your legal options is the first step in protecting what matters most.

For personalized guidance, speak with a Denver divorce lawyer at Baker Law Group, PLLC. Our family law attorneys provide clear, compassionate, and strategic representation to help you and your children move forward with confidence.