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Child Custody Laws in Colorado

How courts in Colorado decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.

Short answer: Colorado uses the terms parental responsibilities, parenting time and decision-making, decided by the child's best interests with the child's safety paramount. C.R.S. § 14-10-124

Child custodyColorado uses the terms parental responsibilities, parenting time and decision-making, decided by the child's best interests with the child's safety paramount. Factors include the parents' wishes, the child's wishes if mature enough to express reasoned and independent preferences, the child's relationships with parents and siblings, adjustment to home, school and community, the mental and physical health of everyone involved (a disability alone is not a basis to limit parenting time), each parent's ability to encourage the child's relationship with the other, and domestic violence or child abuse. State policy encourages frequent and continuing contact with both parents in most cases.
No fixed age is set for the child's wishes.
Emergency and temporary custodyIn a divorce, legal separation or parental responsibilities case, either party may ask for temporary orders, including temporary parental responsibilities and child support, supported by an affidavit; the court considers the child's best interests. Either party can also ask for a temporary order stopping the other from molesting or disturbing the peace of the other party or any child. Under the interstate custody law, a Colorado court has temporary emergency jurisdiction if the child is in Colorado and has been abandoned, or emergency action is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it.
Parenting class or mediationA court may order a parent of a child under 18 who is a party to a divorce, legal separation, or parental responsibilities case to attend a program on the impact of separation and divorce on children. The Judicial Branch lists accepted co-parenting class providers by county and refers to a co-parenting class requirement.

Where to get help in Colorado

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FAQ

How is child custody decided in Colorado?
Colorado uses the terms parental responsibilities, parenting time and decision-making, decided by the child's best interests with the child's safety paramount. Factors include the parents' wishes, the child's wishes if mature enough to express reasoned and independent preferences, the child's relationships with parents and siblings, adjustment to home, school and community, the mental and physical health of everyone involved (a disability alone is not a basis to limit parenting time), each parent's ability to encourage the child's relationship with the other, and domestic violence or child abuse. State policy encourages frequent and continuing contact with both parents in most cases.
How do you get emergency custody in Colorado?
In a divorce, legal separation or parental responsibilities case, either party may ask for temporary orders, including temporary parental responsibilities and child support, supported by an affidavit; the court considers the child's best interests. Either party can also ask for a temporary order stopping the other from molesting or disturbing the peace of the other party or any child. Under the interstate custody law, a Colorado court has temporary emergency jurisdiction if the child is in Colorado and has been abandoned, or emergency action is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it.
Do you have to take a parenting class to divorce in Colorado?
A court may order a parent of a child under 18 who is a party to a divorce, legal separation, or parental responsibilities case to attend a program on the impact of separation and divorce on children. The Judicial Branch lists accepted co-parenting class providers by county and refers to a co-parenting class requirement.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.