Allocation of Parental Responsibilities (Child Custody)
Understanding Allocation of Parental Rights in Colorado
In Colorado, child custody cases involve the “allocation of parental responsibilities” between a child’s parents or a third party acting as a parent. This legal process determines parenting time, decision-making authority, and child support. The allocation of parental rights can be sought through an independent case or as part of a divorce proceeding when children are involved.
Jurisdiction for Allocation of Parental Rights Cases
Child custody cases in Colorado are heard at the district court level and assigned to either a judge or magistrate. For a new case to be filed in Colorado, the state must be the child’s “home state,” meaning the child must have resided in Colorado for at least 182 days before filing. This jurisdictional rule is based on the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Non-Parent Rights in Allocation of Parental Responsibilities
Although custody cases typically involve two parents, Colorado law (C.R.S. 14-10-123) allows non-parents to seek the allocation of parental rights under specific conditions. A non-parent may file for custody if:
- The child has been in their primary care and is not currently in the care of either parent.
- The child lived with the non-parent for at least six months, and less than six months have passed since the child left their care.
When a non-parent seeks custody, the court must find “clear and convincing” evidence that granting custody to the non-parent is in the child’s best interest, especially if a parent objects.
Filing for Allocation of Parental Rights in Colorado
A child custody case begins with filing the following documents:
- Petition for Allocation of Parental Responsibilities
- Summons
- Case Information Sheet
If only one parent files the petition, the other parent must be personally served or sign a waiver of service.
Key Issues in an Allocation of Parental Rights Case
When determining the allocation of parental rights, the court addresses several key issues:
- Primary Residential Custody – Where the child primarily resides.
- Parenting Time (Visitation) – A schedule outlining when each parent spends time with the child.
- Allocation of Decision-Making Authority – Determines whether one or both parents have the authority to make major decisions regarding education, healthcare, and general welfare.
- Child Support – Establishing financial responsibilities for the child’s needs.
Resolving Allocation of Parental Rights Disputes
If parents agree on these matters, they can submit a parenting plan to the court for approval. If they cannot agree, the case proceeds to a contested hearing, where a judge or magistrate will make a final decision.
Parenting Time Schedules
Parenting time schedules include regular visitation, as well as special provisions for holidays and vacations. The court aims to establish a schedule that serves the child’s best interests.
Decision-Making Responsibilities
Decision-making authority can be allocated jointly or solely to one parent, depending on factors such as parental cooperation and the child’s needs.
Legal Process for Allocation of Parental Rights
Initial Status Conference
After filing the petition, an Initial Status Conference (ISC) occurs within 42 days. During the ISC:
- Parents present their positions on parenting time, decision-making, and child support.
- Emergency concerns, if any, can be addressed.
- The court may set a temporary orders hearing if disputes arise regarding parenting time while the case is pending.
Mediation and Final Orders Hearing
Most courts require parents to attend mediation before proceeding to a final orders hearing. If an agreement is reached, parents can submit a stipulation to avoid a court hearing.
Child Support and Financial Disclosures
When child support is part of the case, both parties must exchange financial disclosures per C.R.C.P. 16.2. If disputes arise, hearings may be scheduled, requiring witness and expert disclosures.
Expert Evaluations in Custody Cases
Colorado courts may appoint professionals to assist in complex custody cases:
- Child and Family Investigator (CFI) – Investigates the child’s best interests per C.R.S. 14-10-116.5.
- Parental Responsibilities Evaluator (PRE) – Conducts a more in-depth evaluation per C.R.S. 14-10-127.
Modifying Parental Rights Orders
The court retains jurisdiction over parental responsibility matters until the child turns 18. Parenting time and decision-making orders can be modified as circumstances change.
Legal Representation in Allocation of Parental Rights Cases
While parents can handle child custody cases without legal representation, working with an experienced Colorado family law attorney is advisable. A knowledgeable attorney can help navigate legal complexities, ensuring the child’s best interests are protected.
If you need legal guidance regarding the allocation of parental rights in Colorado, consulting a skilled family law attorney can provide clarity and direction.
