Colorado Family Law Abstains From Using The Word ''Custody'' Officially
The legal structure, which many people think of as "custody” in Colorado, is set in C.R.S. § 14-10-24. What surprises many parents, however, is that the Colorado statutes do not actually use the term “custody.” The term used in current Colorado law is “allocation of parental responsibilities” or “APR”.
The term "custody" was used in Colorado in the past. However, in 1999, the legislature intentionally disposed of the term to eliminate the idea that parents “win” custody. They replaced the word “custody” with the term “allocation of parental responsibilities”.
Though the underlying meaning remained the same. The division of parenting time and decision-making between the parents. The distinction in the old and current terms is an important reminder that there is no winning when it comes to children, only what is in the best interests of the children, and it is only right that the law reflect that.
The Two Halves That Make Up Allocation of Parental Responsibilities
The allocation of parental responsibilities comes down to two concepts:
Parenting time is exactly what it sounds like: who is with the child(ren) and when do they get that time? Parenting time is crafted into a schedule, which represents when each parent will have time with the child. The way this time is divided varies greatly in each case and its unique facts. Colorado courts operate under the premise that meaningful time with both parents is beneficial to the child. However, that does not mean an automatic equal split will happen.
Decision-making is about who will make medical, educational, religious, and extracurricular decisions for the child(ren). Decision-making can be allocated in a few different ways – it may be allocated solely to one parent, it may be allocated jointly (where both parents must be in agreement on major decisions), or it can be broken up between the parents by category. The big picture is that decision-making represents those major decisions in a child’s life. For everyday decisions (like what outfit the child will wear), those decisions generally lie in the discretion of whichever parent is with the child that day.
Allocation of Parental Responsibilities in Colorado Courts
Colorado courts will allocate parental responsibilities based on a multitude of factors, with the child's best interest in mind.
The other relevant factors are listed in C.R.S. § 14-10-124 and include: the wishes of each parent, the wishes of the child (if the child is mature enough to express a reasoned, independent preference - generally at age ___), each parent's willingness to encourage a loving, ongoing relationship between the child and the other parent, etc.
The Court will weigh the factors and allocate responsibilities accordingly. That being said, it is always best if the parents can come to an agreement themselves outside of court.
