Co-Parenting Time

Summary:  In Colorado, the term “custody” has now been replaced with a friendlier concept of “parental responsibilities.”  Avoid the expense of hiring a 3rd party (CFI) to evaluate a co-parenting plan for you.

No More Child "Custody"

In Colorado, the term “custody” has been replaced with “parental responsibilities.” The reason for the change is that “custody” implies possession.  In contrast, “parental responsibilities” focuses on the needs of the children and need for co-parenting.

Parental responsibilities (co-parenting) focuses on: 1. Parenting time; 2. Decision-making; and 3. Financial support.

All of these determinations should be based on the “best interests” of the child.

Factors To Determine Parenting Time

CRS §14-10-124. Although Colorado is a “no fault” state as to divorce, the fault of one of the parties can be considered when parenting decisions and orders are made.

The factors which may be considered by the court to determine parenting time include:

(I) The wishes of the child’s parents as to parenting time;

(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;

(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;

(IV) The child’s adjustment to his or her home, school, and community;

(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;

(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;

(VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;

(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;

(IX) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence;

(X) Whether one of the parties has been a perpetrator of spouse abuse;

(XI) The ability of each party to place the needs of the child ahead of his or her own needs.

If you cannot agree on co-parenting, then the court will most likely make both parties pay for a third party evaluator to conduct an investigation.  Usually this is a waste of money and has little if any effect on final orders.