Colorado Parenting Plan

Introduction

Key Things to Know

1. 1

   A parenting plan is a written document in which two parents set out parenting time and decision-making responsibilities for their children, whether the parents are divorcing, were never married, or are changing an existing order.

2. 2

   Colorado does not use the word custody; it uses the allocation of parental responsibilities, which covers parenting time (the schedule) and decision-making responsibilities (Colorado Revised Statutes Section 14-10-124).

3. 3

   A Colorado court determines the allocation of parental responsibilities, including parenting time and decision-making, in accordance with the best interests of the child (Colorado Revised Statutes Section 14-10-124(1.5)).

4. 4

   Colorado's legislature has declared that, in most circumstances, it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the children (Colorado Revised Statutes Section 14-10-124(1)).

5. 5

   In Colorado the parties may submit a parenting plan for the court's approval addressing parenting time and decision-making (Colorado Revised Statutes Section 14-10-124(7)).

6. 6

   If no parenting plan is submitted or the court does not approve one, a Colorado court must formulate a parenting plan on its own motion, so a parenting plan is part of every allocation (Colorado Revised Statutes Section 14-10-124(7)).

7. 7

   Writing out a clear Colorado parenting plan helps because it is the document the court reviews and approves as the allocation of parental responsibilities.

Colorado Requirements for Parenting Plan

• Allocation of Parental Responsibilities

  Colorado does not use the word custody. It uses the allocation of parental responsibilities, which has two parts: parenting time, the schedule of when the child is with each parent, and decision-making responsibilities, the authority to make major decisions about the child such as education, health care, and religious upbringing (Colorado Revised Statutes Section 14-10-124).

• Best Interests of the Child Standard

  A Colorado court determines the allocation of parental responsibilities, including parenting time and decision-making responsibilities, in accordance with the best interests of the child (Colorado Revised Statutes Section 14-10-124(1.5)).

• Policy of Frequent and Continuing Contact

  Colorado's legislature has declared that, in most circumstances, it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children (Colorado Revised Statutes Section 14-10-124(1)). The court weighs this policy alongside the best interests factors.

• Parenting Plan Central to the Allocation

  In Colorado the parties may submit a parenting plan for the court's approval, and if no plan is submitted or the court does not approve one, the court on its own motion must formulate a parenting plan (Colorado Revised Statutes Section 14-10-124(7)). A parenting plan is therefore part of every allocation of parental responsibilities.

• Decision-Making in the Plan

  Your Colorado parenting plan must address the allocation of decision-making responsibilities: whether major decisions about education, health care, and religious upbringing are made jointly or by one parent (Colorado Revised Statutes Section 14-10-124(7)). Decision-making can be allocated to both parents jointly or to one parent.

• Parenting Time Schedule

  Your Colorado parenting plan must address parenting time: the schedule for weekdays, weekends, holidays, school breaks, and summer, plus exchanges and transportation (Colorado Revised Statutes Section 14-10-124(7)). The schedule should encourage frequent and continuing contact between the children and each parent.

• Parenting Class by Local Rule

  Colorado does not have a single statewide statute quoted here requiring a parenting-education class in every case, but many Colorado judicial districts require a parenting class by local rule. Check the rules of the District Court in your Colorado judicial district for the specific requirement and approved provider.

• Statewide Parenting Plan Form

  The Colorado Judicial Branch publishes a statewide Parenting Plan form in its JDF forms series that parents use to submit the plan for court approval, filed in the District Court. Completing it is the practical way to show the court the parenting time and decision-making arrangement you want (Colorado Revised Statutes Section 14-10-124(7)).