In Colorado, the legal term for what many states call “custody” is Allocation of Parental Responsibilities (APR). This shift in terminology emphasizes that parenting is about shared duties and the child’s needs rather than “ownership” or “winning.”
4 Essential Facts About APR in Colorado
Transitioning from a single household to two separate homes is challenging, but a well-structured parenting plan ensures that children continue to receive the best of both parents. Here is what you need to know about how Colorado courts approach these decisions.
1. The Presumption of Equal Rights
Colorado law begins with the presumption that both parents have equal rights to participate in the upbringing of their children. Neither a mother nor a father is given automatic preference based on gender. The court’s starting point is that frequent and continuing contact with both parents is generally beneficial.
2. The “Best Interests of the Child” Standard
When parents cannot agree on a schedule, the court makes decisions based on the Best Interests of the Child (C.R.S. § 14-10-124). The judge evaluates several factors, including:
- The “Wishes”: The desires of the parents and, if the child is mature enough, the child’s independent preferences.
- Relationships: The child’s bond with parents, siblings, and other significant figures (like grandparents).
- Stability: The child’s adjustment to their current home, school, and community.
- Health: The physical and mental health of all parties involved.
- Cooperation: Each parent’s ability to encourage a positive relationship and “sharing of love” between the child and the other parent.
3. Common Parenting Plan Structures
Parenting plans are highly customizable, but most fall into two primary categories:
A. 50/50 Equal Parenting Time
The parents share time equally. Common rotations include:
- 2-2-5-5: The child spends 2 days with Parent A, 2 days with Parent B, then 5 days with Parent A, and 5 days with Parent B. This ensures the child is never away from either parent for too long.
- Week on/Week off: Best for older children or parents who live slightly further apart.
- 4-3-3-4: A variation that provides consistent mid-week and weekend splits.
B. Primary Residential Parent (Majority Time)
One parent has the majority of the parenting time, while the other has a “parenting time” schedule (e.g., every other weekend and one weeknight). This is often used when:
- Parents live a significant distance apart.
- Work schedules make a 50/50 split unfeasible.
- One parent has historically provided the vast majority of daily care.
4. Modifying Orders for “Substantial Changes”
Parenting plans are not set in stone. As children grow or life circumstances shift, you can petition the court for a Modification of Parenting Time. To succeed, you must generally show a “substantial and continuing change in circumstances,” such as:
- A parent’s relocation (Moving out of state or a significant distance away).
- Changes in the child’s educational or emotional needs.
- Concerns regarding a parent’s health, criminal activity, or safety.
Comparison: Parenting Plan Options
| Feature | 50/50 Shared Time | Primary/Majority Time |
|---|---|---|
| Child Support | Usually lower (based on shared expenses). | Usually higher (paid to the majority parent). |
| Logistics | Requires close proximity & high cooperation. | Flexible for parents living further apart. |
| Stability | Child has “two homes” of equal weight. | Child has one “home base” for school/routine. |
The Bottom Line
The most effective parenting plan is one that is tailored to your family’s unique rhythm. While the court can impose a schedule, parents who reach an agreement through mediation often find their plans are more sustainable and lead to less conflict in the long run.