When Colorado parents go through a separation or divorce, one of the most important issues they face is determining child custody. Colorado law does not use the term “custody” in the traditional sense. Instead, courts refer to parental responsibilities, which include parenting time (physical custody) and decision-making responsibilities (legal custody). Still, many parents continue to use the familiar terms “joint custody” and “sole custody” to describe their arrangement.

Understanding the difference between joint and sole custody is critical for parents who want to protect their relationship with their children and make informed decisions. A qualified Denver child custody lawyer can help you understand what these terms mean under Colorado law and how the court is likely to approach your specific situation.

Legal Custody vs. Physical Custody in Colorado

In Colorado, parental responsibilities are divided into two major components:

Decision-making responsibility (legal custody): This refers to the authority to make major decisions for the child, such as those involving education, medical care, religion, and general welfare.

Parenting time (physical custody): This refers to the actual time the child spends with each parent.

Each of these responsibilities can be shared jointly or awarded solely to one parent.

What Is Joint Custody in Colorado?

Joint custody in Colorado typically means that both parents share legal decision-making responsibilities, parenting time, or both. The court generally prefers joint arrangements when both parents are willing and able to work together, as this is often in the best interest of the child.

Joint Decision-Making Responsibility

In a joint legal custody arrangement, both parents must consult each other and agree on major decisions affecting the child’s life. This arrangement assumes that parents can communicate effectively and cooperate in parenting their child.

Joint legal custody does not necessarily mean that parenting time will be split 50/50. It's possible for parents to share decision-making equally while still having an unequal parenting time schedule.

Joint Parenting Time

When parents share parenting time, the child lives with each parent for a significant amount of time, although this does not always mean an exact 50/50 split. Colorado courts look at the child’s best interests when determining a parenting schedule, which may depend on factors like the parents’ work schedules, proximity of homes, and the child’s needs.

When Joint Custody Works Best

Joint custody tends to work well when:

Both parents live relatively close to one another

The child has a strong relationship with both parents

There’s no history of domestic violence or abuse

Parents are able to communicate respectfully

Both parents are actively involved in the child’s life

A Denver child custody lawyer can help parents draft a joint parenting plan that reflects their agreement and supports long-term co-parenting success.

What Is Sole Custody in Colorado?

Sole custody means that only one parent has either full decision-making authority, all parenting time, or both.

Sole Decision-Making Responsibility

If one parent is awarded sole legal custody, that parent has the right to make all major decisions about the child’s life without input from the other parent. This is less common and typically only granted when the other parent:

Has a history of abuse or neglect

Is absent or uninvolved

Is unwilling or unable to make responsible decisions

Sole Parenting Time

Sole physical custody means that the child primarily lives with one parent, and the other parent may have limited visitation rights—or in extreme cases, no visitation at all.

This may happen when:

One parent lives far away or has an unstable living environment

The court believes visitation would not be in the child’s best interest

There are safety concerns, such as substance abuse or domestic violence

Even in sole custody arrangements, the non-custodial parent may still have some form of contact with the child, such as supervised visitation.

How Colorado Courts Decide Custody

Colorado courts do not automatically favor mothers or fathers. Instead, they evaluate the child’s best interests by considering multiple factors, including:

The child’s relationship with each parent

The mental and physical health of all parties

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

History of abuse, neglect, or domestic violence

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

The wishes of the child, depending on their maturity and age

Joint custody is often presumed to be in the child’s best interest, but the court will deviate if joint responsibilities would create conflict, instability, or risk of harm.

A Denver child custody lawyer can help you present a strong case to the court based on your child’s unique needs and circumstances.

Modifying Custody Arrangements

Colorado law allows custody orders to be modified if there is a substantial and continuing change in circumstances. This might include:

One parent relocating

A change in the child’s needs

Ongoing conflict or refusal to follow the parenting plan

Evidence of abuse or endangerment

Modifications must be approved by the court. If you and the other parent agree on the changes, the process is generally smoother. If not, you’ll need to formally request a modification through the court.

Pros and Cons of Each Custody Type

Every family is different, and the best arrangement depends on the dynamics between the parents, the child’s needs, and logistical factors.

Joint Custody Pros:

Encourages involvement from both parents

Reduces the burden on one parent

Promotes a more balanced upbringing

Seen as favorable by courts

Joint Custody Cons:

Requires strong communication

Can lead to conflicts over decisions

May be hard to coordinate schedules

Sole Custody Pros:

Easier decision-making

More stability for the child in some cases

Appropriate when safety is a concern

Sole Custody Cons:

May limit the other parent’s involvement

Can increase conflict or resentment

Can impact the child’s relationship with the non-custodial parent

Why Work with a Denver Child Custody Lawyer

Custody disputes are highly emotional and legally complex. Whether you’re seeking joint custody, sole custody, or trying to resolve a dispute, working with an experienced Denver child custody lawyer gives you the guidance and advocacy you need to protect your parental rights.

At Baker Law Group, PLLC, we help parents understand their options, build strong parenting plans, and resolve conflicts in a way that supports their children’s long-term well-being. Whether you're working through a divorce or facing a post-decree modification, our team is here to help you make informed, strategic decisions.