Under Colorado Law, neither parent is granted ‘custody’ of a child; rather, each is allocated a portion of the existing parental responsibilities when they do not share the same household. Parental responsibilities generally fall into three categories: decision-making, parenting time, and support. All parental responsibilities should be directed at achieving what is in the child’s best interest.
Decision-Making
Parental decision-making encompasses decisions regarding educational choices including extra-curricular activity involvement, religious choices, and medical decisions. All parental decisions can be made by one parent alone, by parents acting jointly, or by parents acting within specific arenas.
Parenting Time
Parenting time allocates when the child will spend time with each parent. Colorado law presumes it is in the child’s best interest to spend time with each parent. A strong showing of endangerment to the child’s physical health or significant impairment to the child’s emotional health is necessary to preclude a child from having time with either parent. Schedules vary based on factors including the child’s maturity, relationships with each parent, educational and activity commitments, proximity of parents, and the mental and physical health of all involved.
Siblings may have different parenting time schedules. Where parents can consistently give priority to the child’s interests, schedules can be fluid and flexible. Where that commitment cannot be made, the imposition of a strict schedule ensures the child consistent contact with both parents.