Family law attorney Fisher & Associates helping with the legal process

Allocation of Parental Responsibilities

Colorado courts hear a family law case involving a child custody agreement

Two Main Components of Custody Determinations

Parenting Time (Physical Custody)

Parenting time (physical custody) refers to where the child lives and the percentage of time spent with each parent. The specific schedule can vary greatly—from one parent having primary parenting responsibility to a shared arrangement where parenting time is divided equally.

  • Shared Parenting Time – Where a child spends substantial time with each parent, this is considered a shared parenting time arrangement (also referred to as joint physical custody). Shared parenting time is not necessarily an equal split and can take many forms with schedules designed to foster strong relationships between the child and both parents and to otherwise meet the child’s individual needs.
  • Primary Parental Responsibility – Alternatively, where the child lives with one parent the majority of the time, this parent is considered to have primary parental responsibility (also referred to as sole physical custody). While physical custody is not shared, the other parent will almost always have designated visitation rights with the child.

Decision-Making Responsibility (Legal Custody)

Decision-making responsibility (legal custody) refers to each parent’s authority to make major decisions relating to a child’s welfare and upbringing including decisions involving healthcare, education and religion. Decision making authority can also be allocated in a variety of different ways depending on what will best serve the particular child’s needs.

  • Sole Decision-Making Responsibility – The court will award one parent sole decision-making responsibility where it finds that the other parent is unable or unfit to participate in major decisions affecting the child, or that the parents are unwilling to cooperate with each other in making significant decisions affecting the child’s welfare.
  • Joint Decision-Making Responsibility – If instead the court finds that the parents can communicate effectively and make these significant decisions collaboratively, it will award the parents joint decision-making authority. Even where a child spends the majority of parenting time with one parent, whenever possible, courts prefer both parents to participate in critical decisions affecting the child’s welfare.

The Best Interests of the Child Standard

Sole custody and joint custody being considered for the child's primary physical custody

Every custody decision in Colorado revolves around a single, central standard: the best interests of the child. This principle, codified in the Colorado Revised Statutes, directs the court to make parenting determinations that will best serve the child’s emotional, physical, and developmental needs.

Parenting Time

With respect to parenting time, the statute lists specific factors the court must consider when

determining what is in a child’s best interests. These include:

  • The wishes of the child’s parents as to parenting time and decision-making;
  • The wishes of the child (if the child is mature enough to express reasoned preferences);
  • The interaction and interrelationship of the child with parents, siblings, and others who may significantly affect their best interests;
  • The child’s adjustment to their home, school, and community;
  • The mental and physical health of all individuals involved;
  • Each parent’s ability to encourage the sharing of love, affection, and contact between the child and the other parent;
  • Whether and to what degree each parent has been involved in their child’s life to date;
  • The physical proximity of the parties to each other (as this relates to practical considerations of parenting time); and
  • The ability of each parent to place the child’s needs ahead of their own.

Having strong, heathy relationships with both parents is generally considered to be in a child’s best interests. As a result, shared custody arrangements are favored by most courts. And a court will look favorably upon parents who demonstrate a willingness to compromise, communicate honestly and regularly, and consistently place their child’s interests above their own.

Decision-Making Responsibility

Allocations of decision-making responsibility are also based on the best interests of the child. In determining what is in a child’s best interests for purposes of allocating decision-making responsibility, the court is instructed to consider all of the same factors considered in parenting time determinations and also factors such as:

  • Whether there is credible evidence of the parents’ ability to cooperate and make decisions jointly;
  • Whether the pattern of involvement of the parents with the child indicates an ability to make decisions mutually and provide a positive and nourishing relationship with the child; and
  • Whether an allocation of mutual decision-making responsibility will promote more frequent or continuing contact between the child and each of the parents.

At Fisher & Associates, P.C., we can help you develop a sound strategy for obtaining the parental rights allocation that you seek. We will help you formulate a plan and gather all available evidence showing that your proposed allocation is in your child’s best interests and is best suited to meeting your child’s individual needs.

Our Philosophy: Cooperation Over Conflict

Emotions often run high when parenting rights are at stake. Legal decisions involving custody involve complex legal issues but also personal and emotional ones. Your parenting plan will decide where your children live and how much time you will spend with them, and also your rights to make major life decisions affecting your children’s welfare. These are critical determinations and you shouldn’t face them alone.

At Fisher & Associates, P.C., our philosophy emphasizes cooperation over conflict. Whenever possible, we help our clients preserve a sense of civility in their custody negotiations and resolve custody issues through agreement and mediation rather than courtroom litigation.

But make no mistake – we are also trial-ready. As experienced Colorado custody attorneys, we understand the intricacies of Colorado child custody laws and the factors relied upon by family courts in making custody determinations. If the other party takes an unreasonable position or otherwise refuses to cooperate, or if ever a child’s safety or stability is at risk, we advocate assertively for our clients and their children in court with both determination and precision.

Developing a Parenting Plan

Creating a Parenting Plan That Works for Your Family

The written parenting plan is the document that outlines the agreed allocation of parental responsibilities. This plan becomes the foundation for how parents will share time, communicate, and make decisions about their child’s life after divorce or separation.

A well-crafted parenting plan provides structure and predictability for both parents and children. It can help prevent misunderstandings, reduce conflict, and allow both households to operate smoothly. Most importantly, it ensures that the child knows what to expect and feels secure despite the challenges of adjusting to dual households.

What is Included in a Parenting Plan

A parenting plan is more than a schedule; it’s a roadmap for how your family will operate following the finalization of your divorce or separation. The parenting plan must address both parenting time and the allocation of decision-making responsibilities and will generally include provisions specifying the following:

  • Parenting time arrangements: The regular weekly schedule for parenting time including, weekdays, weekends, holidays, vacations, and special occasions;
  • Decision-making responsibilities: A designation of the type of decision-making awarded and to whom;
  • Information sharing: A procedure for how the parents will exchange information including both methods and frequency of communication;
  • Transportation and exchanges: A procedure for the exchanges of the child for parenting time, including the locations of the exchanges and the party responsible for the child’s transportation; and
  • Communication with the Child: a procedure for communication between a parent and the child outside of that parent’s parenting time, including both methods and frequency of communication.

If parents are able to reach an agreement on these issues, the court will generally approve their parenting plan – so long as it provides all of the required details and serves the child’s best interests. If they cannot agree, each parent may submit their own proposed plan, and the judge may either approve one or the other of the parenting plans submitted or formulate its own parenting plan based on the evidence and legal arguments presented by the parties.

We often tell our clients that a parenting plan is not just a legal document, it is a tool for maintaining stability and sanity. The plan will reduce ambiguity, clarify expectations, and keep the focus where it belongs, on your children.

At Fisher & Associates, P.C., our attorneys understand how to draft detailed parenting plans that provide guidance to our clients and their families not just now but also in the future. Our parenting plans balance clarity with flexibility, ensuring your family has room to grow and adapt to changing needs without constant legal intervention.

The Benefits of Reaching an Agreement

Reaching agreement on parenting arrangements outside of court has tremendous advantages. It saves time, money, and emotional strain, and it allows parents – not judges – to make the decisions that will shape their and their child’s life.

When parents collaborate on their parenting plan, it also shows the court that both are focused on cooperation and the child’s best interests. Judges generally favor arrangements that demonstrate mutual parental responsibility and regular communication.

As your custody lawyers, our role in this process is to help you develop a parenting plan that is fair and sustainable. We use our skills in negotiation, mediation, and legal drafting to help you arrive at durable arrangements that will continue to serve your needs over time. We understand that every family is different – what works for one won’t work for another. That’s why we take the time to learn about you and your children and about your parenting goals before helping you design a plan that truly fits your family and your way of life.

The Colorado Custody (APR) Process

While every family’s path toward reaching a viable custody arrangement is different, the general process for determining child custody in Colorado follows a predictable path. Understanding what to expect can make the journey more predictable and less intimidating and help you take each step with confidence.

Filing the Petition

The custody process begins when one parent files a Petition for Allocation of Parental Responsibilities. If the request for allocation of parental responsibilities is part of a divorce case, it will typically be included in the divorce petition. If you were never married to your child’s other parent, the APR petition can be filed independently. The APR petition must be served on the other parent, who then has an opportunity to respond.

Temporary Orders

You may be wondering how parenting time and decision-making authority are allocated before the final custody determination. Once the APR petition is filed, if the parents can come to an agreement on temporary parenting time and decision-making authority, they file a stipulation with the court. So long as the court finds that the arrangement is in the child’s best interests, it will likely be approved. If the parents are unable to reach an agreement, either parent may request temporary orders from the court to establish how parenting time and decision-making authority will be handled before the final custody determination is made.

Mediation: Encouraging Cooperation and Resolution

Absent extraordinary circumstances such as domestic violence or safety concerns, many courts require parties in domestic relations cases such as divorces and the allocation of parental responsibilities to participate in mediation before allowing a hearing to be set on the court’s calendar.

Mediation is a confidential process facilitated by a neutral third party who helps parents communicate, identify shared goals, and explore solutions. It’s not about “winning” or “losing” – it’s about finding a workable and sustainable plan that meets your child’s needs.

Mediation can be especially beneficial in custody matters because it allows parents to:

  • Develop customized schedules that fit their child’s routines and other needs,
  • Build trust and cooperation that will serve them long after the case ends, and
  • Reach amicable solutions while avoiding the stress and expense of litigation.

Mediation also allows parties to maintain confidentiality, resolve their parenting disputes more quickly, and retain the power to make parenting decisions collaboratively rather than leaving final decisions up to the discretion of the court.

At Fisher & Associates, P.C., we prepare our clients for mediation by clarifying priorities and gathering all available information to supports their positions. If an agreement is reached, we ensure that the parenting plan memorializing that agreement is drafted clearly and accurately and is enforceable under Colorado law.

Custody Evaluations: CFIs and PREs

In some cases, particularly when parents disagree about what parenting arrangement is best for the child, the court may order a professional evaluation. There are two common types of professionals employed to perform these professional evaluations:

  • Child and Family Investigator (CFI):

A CFI is a neutral professional appointed by the court to investigate and make recommendations about parenting time and decision-making responsibilities. CFIs typically conduct interviews, observe parent-child interactions, and review documents before submitting a written report to the court with their recommendations.

  • Parental Responsibilities Evaluator (PRE)

A PRE is usually a licensed mental health professional who performs a more in-depth psychological evaluation of the family. PREs can provide expert opinions and testify in court.

Although not binding on the court, these types of professional evaluations carry significant weight, as judges often rely on them when making custody decisions.

At Fisher & Associates, P.C., our attorneys understand how to work with CFIs and PREs on custody matters. We help our clients prepare for evaluations, understand what to expect from interviews and home visits, and ensure that they understand how best to present themselves and their parenting goals to the professional appointed to provide recommendations to the court.

The Custody Hearing or Trial

If you and your child’s other parent are simply unable to reach an agreement through mediation or other settlement negotiations, your custody case will proceed to a formal court hearing. At this hearing, each parent presents evidence and testimony about their relationship with the child, their ability to meet the child’s needs, and their proposed parenting plan. The judge then issues an order allocating parental responsibilities.

Under Colorado law, the court is instructed to make decisions for the allocation of parental rights that the court finds are in the best interests of the child with the child’s safety always of paramount concern. Most judges look for evidence of stability, maturity, and a willingness to foster healthy co-parenting. Emotional outbursts or attempts to discredit the other parent often backfire – serving as evidence that a parent is unable to prioritize their child’s well-being above personal conflict.

At Fisher & Associates, P.C., we meticulously prepare for custody hearings. We will gather all available records, witness statements, and expert input to present a clear, persuasive picture of your parenting strengths and how your proposed parenting allocation is in your child’s best interests.

Our attorneys will tell your story and present your position with both empathy and credibility, ensuring that the court knows the facts but also recognizes the intention and emotion behind your case.

The Final Custody (APR) Order

Once the court issues a permanent custody order, it becomes legally binding. The order specifies many details of the APR including:

  • The parenting time schedule, including holidays and vacations;
  • Which parent (or both) has decision-making responsibility;
  • How disputes will be resolved in the future; and
  • Provisions for relocation, communication, and child support (if applicable).

The permanent order issued by the court remains in effect unless and until it is modified or the child reaches the age of maturity.

Modifying and Enforcing Custody Orders in Colorado

When Circumstances Change: Modifying Custody Orders

Life doesn’t stand still. New jobs, relocations, changing school schedules, or a child’s evolving needs can all make an existing parenting arrangement difficult or unworkable. Colorado law recognizes that reality, which is why parents can request a change in custody – legally known as a modification of parental responsibilities—when certain specific conditions are met.

Colorado law provides that parents can petition for modification of custody orders and such orders can be modified by the court where there has been a “substantial and continuing change in circumstances”. Any request for modification will be reviewed under the “best interests of the child” standard and the court must believe that in light of the changed circumstances, the proposed modification would in fact benefit the child.

Examples of substantial changes supporting a request for modification of a child custody order might include a job transfer or work-related relocation; changes in the child’s physical or emotional needs; injury or disability suffered by a parent; military deployment; criminal activity; or child neglect or abuse. And either parent can request modification of the APR order, not just the parent who experienced the change in circumstances.

At a modification hearing, the court will require the party seeking modification to provide strong evidence of the change in circumstances and proof that any proposed modification will benefit the child. At the conclusion of the hearing, the court will consider all of the evidence and make a final determination as to whether the modification sought is warranted.

At Fisher & Associates, P.C., we understand that asking for modifications to a custody arrangement is about reaching a new agreement when life shifts and your existing plan no longer meets your child’s needs. Whether you’re seeking to modify a child custody order or defending against a modification request, we can help by helping you present your position with honesty, evidence, and emphasis on what matters – the best interest of your children.

The Process for Modifying Custody

The general process for modification of a custody order is as follows:

  • File a Motion to Modify Parental Responsibilities.
    The party seeking modification files a Motion to Modify Parental Responsibilities. The motion to modify must clearly explain what has changed since the last order was entered. The change must be substantial and continuing and the modification sought must be in the child’s best interests.
  • Serve the Other Parent.
    The other parent must be served with the motion and given time to respond. In their response, they can agree, oppose, or propose an alternative form of modification.
  • Exchange Updated Information.
    Both parents may need to exchange and provide the court with updated documentation in support of any motion to modify, such as evidence of changed schedules, new or different economic information, children’s school reports, or other evidence of changed circumstances.
  • Mediation and Hearings.
    The parties will usually be required to participate in mediation before a hearing on the motion for modification will be set before the court. If mediation fails, the judge will hold a hearing where both sides can present evidence and witnesses in support of their positions.
  • The Court’s Decision.
    If the motion goes to a hearing, after hearing the parties’ evidence in support of and/or against the motion, the judge will issue a written order either modifying the custody order or denying the request. If the motion to modify is granted, the new order replaces the old one and remains in effect unless and until changed again by the court.

Enforcing Custody Orders in Colorado

Sometimes, a parent violates the court’s custody orders. Missed exchanges, denied visitation, or unilateral decision-making can cause confusion and disruption in a child’s life. When that happens, Colorado law provides a number of enforcement mechanisms to restore compliance and stability.

Under Colorado law, a parent can file a motion to enforce parenting time if the other parent is consistently violating the custody order. After such a motion is filed and the other party has a chance to respond, the court will determine whether there has been or is likely to be substantial and continuing noncompliance with the parenting order and either:

  • Deny the motion if there is inadequate support for the allegation of violation,
  • Require the parties to seek mediation of their dispute, or
  • Set the matter for a hearing.

If a hearing on the motion is required, after the hearing and after considering the best interests of the child, if the court finds that a parent has violated the parenting order, it may issue orders including one or more of the following:

  • An order requiring either parent or both parents to attend a parenting education program,
  • An order requiring the parties to participate in family counseling,
  • An order requiring make-up parenting time for missed visits,
  • Modifications of the parenting order to prevent future violations,
  • Fines or penalties for willful disobedience,
  • An order holding the violating parent in contempt of court and imposing fines or jail time (in severe or repeated cases), or
  • Any other orders that may promote the best interests of the child.

In every enforcement action, the court’s focus remains firmly on what best supports the child’s wellbeing and relationship with both parents. The goal is not punishment, but consistency and accountability.

If your child’s other parent has violated your parenting order, the child custody attorneys at Fisher & Associates, P.C. can help. While enforcement mechanisms are in place, navigating the process for enforcing a child custody order can be intimidating and overwhelming. Our experienced child custody attorneys know how to formulate a solid strategy to protect and enforce your parenting rights. We will evaluate your case, help you gather and present evidence to the court demonstrating that your child’s other parent violated your custody order, and work with you to obtain a favorable outcome that safeguards your rights and protects your children.

Conversely, if you are being charged with violating a child custody order, you should contact a custody attorney as soon as possible. Fisher & Associates, P.C., our legal team will listen to your story, gather all the facts, explain your rights, and prepare an individualized defense that either demonstrates that you did not in fact violate the court’s order or helps to explain your reasons for non-compliance if you had good cause.

Relocation (Moving Away with a Child)

Under Colorado law, once a petition for divorce or separation is filed where children are involved, neither parent can remove a child to another state without the consent of the other parent or a court order. If one parent plans to relocate and wants a child to relocate with them, that parent must ensure that both the court and the other parent are aware of their intentions and that their planned relocation is a part of the final custody order.

Relocation cases are among the most challenging in custody law. In determining whether relocation with a child will be permitted, the court must balance the relocating parent’s legitimate reasons for moving against the potential disruption to the child’s relationship with the other parent.

If a parent seeks to relocate with a child once a permanent parenting order is already in place, Colorado law requires that the parent seek modification of the parenting order to allow for the relocation. The relocating parent must provide the other parent with written notice of the modification request and an opportunity to respond. If the relocation will substantially change “the geographical ties between the child and the other party”, and the other parent objects to the relocation, the court will schedule the matter for a relocation hearing.

In evaluating the motion to relocate and any objections, the court considers various factors including the following:

  • The reasons for the move,
  • The reasons the opposing party is objecting to the relocation,
  • The potential impact of the move on the child’s relationship with both parents,
  • Educational and social opportunities at the new location,
  • The presence of extended family at the current location and/or the proposed new location, and
  • Whether a revised parenting plan can be fashioned that preserves meaningful contact with both parents.

If you are seeking to relocate with your child or to prevent the removal of your child to another location, an experienced custody lawyer can make all the difference. At Fisher & Associates, P.C., we know that your child’s welfare is what’s most important. Our child custody team will help you navigate the complex legal landscape involved in relocation cases and achieve the outcome that best serves your interests and the interests of your child.

How Child Custody Affects Child Support

While decisions regarding the allocation of parenting time and awards of child support are generally considered separately, there is some cross-over. In awarding child support, while the court may focus on income determinations and other economic factors such as awards of spousal maintenance, and each parent’s responsibility for additional child-related expenses (healthcare, childcare and education), the number of overnights a child has with each parent is also a critical component of the child support calculation.

At Fisher & Associates, P.C., our child custody lawyers understand that parenting time determinations have a direct impact on how child support is awarded. We ensure that our clients understand the economic implications of parenting time allocations enabling them to make rational and informed decisions on the custody arrangements that are fair, sustainable and in the best interests of their children.

Colorado Child Custody Laws and Unmarried Parents

Many custody cases arise outside of the divorce context. In these situations, once paternity is confirmed, Colorado law provides a clear path for establishing parental rights and responsibilities. Paternity can be established by:

  • Voluntary acknowledgment signed by both parents,
  • Genetic testing, or
  • A court order after filing a paternity action.

Once paternity is established, both parents have equal standing to request parenting time and decision-making authority. The same “best interests of the child” standard applies to custody cases where the child’s parents are not married. The court will evaluate the evidence before it and determine the custody arrangement that best ensures the child’s safety, security and overall welfare.

At Fisher & Associates, P.C., our custody lawyers understand the laws surrounding custody disputes where a child’s parents are not married. We help fathers establish paternity and where paternity is established, we help fathers assert their parental rights. Where paternity has been established and a child’s father is not meeting his support obligations, we help mothers assert their children’s right to support and ensure that parenting arrangements are put in place that are fair, sustainable and enforceable.

Our Approach to Custody Cases

Custody cases are complicated circumstances demand both legal expertise and emotional intelligence. At Fisher & Associates, P.C., our child custody lawyers know the law but also understand what matters most – your child’s well-being. We will approach your custody case with both experience and empathy and will ensure that your rights as a parent are represented and protected. We will guide you through every decision with clarity and compassion and will provide you with frank and objective advice so that you can make informed decisions and work toward solutions that are in your best interests and the best interests of your children.

Our attorneys bring years of courtroom experience to every case we handle, but we also understand the benefits of collaboration in custody decisions. We know that every parent’s priority is their child’s happiness and sense of security and we recognize that our role in the custody determination process is to help our clients navigate the legal system in ways that best further that goal.

When you hire Fisher & Associates, P.C., you gain a partner who listens, explains, and advocates for your interests relentlessly but respectfully. We know this process can feel overwhelming and we believe that calm, informed advocacy is the best and most effective form of representation. That’s why we make every effort to keep our clients informed and prepared every step of the way. Throughout the process, you will know where your case stands, what comes next, and why we’re suggesting a particular approach.

Sole custody and joint custody being considered for the child's primary physical custody

Our approach to resolving custody disputes is rooted in three guiding principles:

  • Child-Centered Strategy
    Every recommendation we make is guided by what best serves your child’s physical, mental and emotional well-being.
  • Respectful, Clear Communication
    We explain complex legal issues in plain language and make sure that our clients know where they stand at every stage of their cases. This enables them to make informed decisions and minimizes unpredictability and confusion.
  • Preparation and Professionalism
    Courts respond to preparation. We make sure the evidence we present to the court on behalf of our clients is complete, accurate and organized, making it far more likely that the court will hear and understand our client’s position and increasingly the likelihood that they will achieve their goals at trial.

How We Help Parents at Every Stage

Custody cases are rarely one-size-fits-all. That’s why we adapt our approach to fit each client’s particular circumstances as well as where they are in the process.

  • Establishing Custody (APR): We can help you file or respond to initial petitions, draft parenting plans, and advocate for fair, balanced allocations of parenting time and decision-making responsibility.
  • Mediation & Negotiation: We can guide you through productive negotiations and/or mediation, protecting your interests while helping find practical solutions that are fair and sustainable.
  • Litigation: If reaching a viable solution through collaboration fails, we will help you build and present a compelling case in court based on clear evidence and persuasive legal arguments.
  • Modification: If circumstances change and the existing parenting plan no longer suits your family’s circumstances, we will assist you in filing a motion to modify the custody arrangement to fit your evolving needs.
  • Enforcement: If your child’s other parent is not complying with the court’s custody order, we will assist you in seeking enforcement through the court so that your children have the support they need from both of their parents.

Whether your situation is relatively simple or highly complex, our approach remains the same: strategic advice, steady guidance, and advocacy centered on your child’s well-being.

Colorado Child Custody FAQs

Why Choose Us?

Clients choose us because we combine heart with horsepower. We’re known for being approachable, responsive, and relentless in the courtroom.

Experience: Over 15 years of experience helping Colorado families.
Trust: A reputation built on competence, integrity and transparency.
Results: Proven success in both settlement negotiations and trial settings.
Support: Clear communication and steady guidance every step of the way.

We don’t measure success by case volume—we measure it by the families we’ve helped rebuild their lives.

    Take the First Step Toward a Stronger Future

    You don’t have to face your family law issues alone. Whether you’re considering divorce, seeking custody, or dealing with financial or safety concerns, Fisher & Associates, P.C. is here to help.

    We serve clients across Denver, Boulder, Arapahoe, Jefferson, Adams, Douglas, and surrounding Front Range counties. Our attorneys combine compassion with tenacity to deliver results that protect your future and your family’s well-being.