How Do I Get Custody?
Thinking about changing custody can feel both emotional and urgent. In Colorado, the court uses the term “allocation of parental responsibilities,” which includes parenting time and decision-making about important areas of your child’s life.
Every custody case is different, but the court always looks at what serves your child’s best interests rather than who “wins” against the other parent. That means past parenting, current circumstances, and future needs all matter when you go to court or negotiate an agreement.
At Juniper Family Law, LLC in Colorado, my firm can help you understand how custody works so you can make thoughtful decisions for your children and understand the steps involved with moving forward.
How Custody Works In Colorado
In Colorado, custody is divided into two main parts: parenting time and decision-making. Parenting time covers where the child lives and when they’re with each parent. Decision-making, on the other hand, deals with choices about schooling, medical care, mental health, and religious upbringing.
Custody can be decided in several types of cases, including divorce, legal separation, and standalone allocation of parental responsibilities actions if you were never married to the other parent. You can reach an agreement through negotiation, mediation, or collaborative processes, or the court can decide for you at a hearing.
Factors That Help Determine Custody
When determining child custody, Colorado judges follow the “best interests of the child” and weigh many details about your child’s life. No single factor automatically controls the outcome, so it’s essential to look at your whole situation. When you’re preparing for a custody case, think about the following factors:
Physical safety and stability: The court looks at whether each parent can provide a safe, stable home, including housing, supervision, and protection from harm or violence.
Emotional relationship with each parent: Judges consider how bonded the child is to each parent, including patterns of involvement, affection, and emotional support over time.
History of caregiving: The court reviews who has typically handled tasks such as school drop-offs, medical appointments, homework, meals, and bedtime routines.
Ability to support the other parent’s relationship: Judges pay close attention to whether each parent encourages healthy contact with the other parent or takes measures to undermine that relationship.
Child’s adjustment and needs: The child’s age, developmental needs, school, community ties, and any special medical or educational needs all factor into the decision.
Substance use and serious conflict: Ongoing substance abuse, severe conflict, or patterns of controlling behavior can strongly influence how parenting time and decision-making are structured.
Thinking about these factors early can help you focus on what truly matters to the court, rather than getting stuck on your disagreements with the other parent. It also enables you to gather documents, messages, and witnesses that provide a fuller picture of your child’s life, rather than relying solely on your own testimony.
Steps to Start a Custody Case
Once you understand what the court will review, you will need to file a custody case or respond to one. These steps can vary depending on whether you’re married, already in a divorce, or dealing with a long-standing informal arrangement. However, most parents move through the following common stages as they pursue parental responsibilities in Colorado.
Meet with a Colorado family lawyer: A consultation with a family law attorney provides you with a chance to ask questions, talk about your goals, and get a sense of what may be realistic based on your circumstances and history.
File the initial paperwork: You will need to file a petition asking the court to allocate parental responsibilities. In a divorce, you will need to file a petition for dissolution that includes custody issues.
Serve the other parent: The other parent must receive official notice of the case through proper service and then has a chance to file a response and share their own requests.
Exchange information and documents: You will typically be required to share financial documents, parenting proposals, and other information through disclosures and, if needed, more formal discovery.
Participate in mediation or settlement talks: Colorado courts often require mediation before a final hearing so parents can try to reach a parenting plan without leaving every decision to a judge.
Prepare for hearings and final orders: If you can’t reach an agreement, the court will hold a hearing, hear testimony and evidence, and then issue written orders regarding parenting time and decision-making.
Moving through these steps with clear goals and realistic expectations can help reduce conflict and enable you to build a parenting plan that works for your child’s daily life. Remember, all custody decisions will need to be made in the best interests of your child.
How to Plan For Parenting Time and Decision Making
A key factor of obtaining custody is developing a parenting plan that addresses both parenting time and decision-making. Parenting time schedules can be highly tailored to your child’s age, school schedule, and activities. Some families split time close to evenly, while others have a primary home with frequent time for the other parent.
Decision-making can be joint, sole, or divided by topic. For example, parents might share educational decisions but have one parent handle medical decisions if that parent has historically taken the lead with doctors and therapists. As you discuss options with your lawyer, think about where you and the other parent can still cooperate and where conflict is high.
Evidence That Can Support Your Custody Case
Since custody decisions depend heavily on best interest factors, the evidence you present is crucial. The court won’t just take your word for it, so you’ll want to think carefully about what information demonstrates your parenting strengths and your child’s needs. It can help to gather and take note of the following:
School and medical records: Report cards, attendance records, teacher notes, and medical visit summaries can show your involvement and your child’s day-to-day stability.
Parenting calendars and messages: Calendars, texts, and emails about exchanges, appointments, and school events can highlight your consistency and willingness to communicate with the other parent.
Photos and activity records: Photos, activity registration forms, and receipts can support your story about your child’s routine, extracurriculars, and time spent in each home.
Witnesses who know your child: Coaches, teachers, childcare providers, or family friends can provide neutral perspectives on how your child is doing with each parent.
Documentation of safety concerns: If there are incidents involving substance abuse, domestic violence, or unsafe supervision, police reports, or other records can be critical.
Organizing this information with your lawyer helps you present a clear, focused picture of your parenting rather than overwhelming the court with random documents. The quality and relevance of your evidence usually matter far more than the quantity, especially when the judge is trying to understand your child’s daily life.
How to Modify a Custody Order
Sometimes the question isn’t how to get custody for the first time, but how to change an order that no longer fits your child’s needs. Colorado law allows parents to seek modifications of parenting time or decision-making in certain circumstances, especially when there’s been a significant change since the last order.
Before you file, it’s important to talk with a lawyer about whether your situation meets the legal standard for modification.
The courts often look for meaningful changes, such as a parent’s relocation, ongoing interference with parenting time, serious safety issues, or a shift in your child’s needs as they grow older. Minor disagreements or one-off conflicts usually aren’t enough to justify a significant change in custody. If a modification does make sense, you’ll need to go through a process similar to a new case.
Reach Out to a Dependable Family Law Attorney Today
If you’re curious about gaining custody, you don’t have to sort through Colorado’s parental responsibilities laws on your own. At Juniper Family Law, LLC, I can walk you through your options, help you evaluate what’s realistic in your case, and work with you to pursue a parenting plan that supports your child’s well-being.
Located in Arvada, Colorado, my firm serves clients throughout the surrounding areas. If you’re ready to talk about your next steps, reach out to my firm today to schedule a time to discuss your custody questions with an experienced family law attorney.
