How to File for Joint Custody in Colorado 2024

Navigating child custody in Colorado can feel overwhelming, especially when trying to understand legal terms and processes. At Johnson Law Group, we often receive questions about how to file for joint custody and what parents need to know before starting the process. This guide will help you understand what joint custody involves, how it differs from other types of custody, and how you can file for joint custody with the correct documents.

What Is Joint Custody in Colorado?

Under Colorado child custody laws, the legal term used for child custody is “parental responsibility” rather than “custody” or “joint custody.” However, many people still use these terms interchangeably in everyday conversation. Parental responsibility refers to two key aspects: decision-making responsibility (legal custody) and parenting time (physical custody).

When people talk about filing for joint custody, they usually mean shared decision-making, a schedule that gives both parents substantial parenting time, or both. Colorado’s parenting statute sets no minimum number of overnights for either one.

It is important to note that joint custody does not necessarily mean equal time between parents. However, both parents are involved in the child’s upbringing and share key responsibilities. The goal is to design a balanced schedule that serves the child’s best interests while giving both parents meaningful involvement.

One exception matters. If the court finds by a preponderance of the evidence that a parent committed domestic violence, the law treats mutual decision-making as not in the child’s best interests.¹ The exception is credible evidence that the parents can decide together without coercion, intimidation, retaliation, or risk of harm.

Custodial vs. Non-Custodial Parent

When discussing child custody, people often hear the terms custodial parent and non-custodial parent. These terms refer to how much time the child spends with each parent. Colorado’s parenting statute does not use them, but they still come up in everyday conversation.

• Custodial parent: The parent with whom the child lives the majority of the time (more overnights than the other parent). This parent typically has a greater role in day-to-day activities and decisions because the child spends more time in their household.
• Non-custodial parent: The parent with fewer overnights with the child. Although they may not have primary residence, the non-custodial parent still plays a significant role in the child’s life, with scheduled parenting time and often shared decision-making responsibilities.

In practice, many people use the term primary residential parent to describe the custodial parent. However, when parents have a joint custody arrangement, neither parent is fully custodial or non-custodial because both share significant time with the child.

Steps to File for Joint Custody in Colorado

You must complete and submit specific documents to the court to file for joint custody. The process may seem complicated, but Johnson Law Group, your trusted Colorado family law attorneys, can walk you through each step.

1. File a Petition for Custody

The first step in filing for joint custody is to submit a Petition for Allocation of Parental Responsibilities. This legal document formally requests the court to establish custody and other parenting arrangements. In the petition, state clearly that you are asking for shared decision-making and the parenting schedule you propose.

If you and the other parent agree on joint custody, you can file a joint petition, which may speed up the court’s approval process. However, if there is disagreement, each parent may need to submit their own proposal, and the court will determine the arrangement that serves the child’s best interests.

2. Submit a Parenting Plan

Along with the petition, you will need to prepare a Colorado parenting plan. This document outlines the proposed schedule for parenting time, holidays, and special events. A well-drafted parenting plan demonstrates to the court how both parents will share responsibilities and supports the child’s stability and consistency.

When creating your plan for joint custody, include the following:

• A decision-making section covering education, health care, and other major decisions.
• Specific schedules for weekends, holidays, and school breaks.

The more specific, realistic, and thoughtful your plan, the better your chances of gaining approval from the court. It’s also helpful to address communication methods between parents and how decisions will be made about the child’s education or healthcare.

The Importance of Flexibility in Parenting Plans

When crafting a parenting plan, it’s essential to build in flexibility to accommodate the inevitable changes that life brings. Key considerations include:

• Work schedules: Job demands may change, requiring adjustments to parenting time.
• School activities: Extracurricular commitments can affect when the child is available for parenting time.
• Unexpected illnesses: Health issues may require last-minute changes in arrangements.
• Family emergencies: Life events can disrupt even the most carefully designed schedules.

To promote flexibility and prevent conflicts, let the parents adjust day-to-day arrangements by mutual written agreement, while larger changes still go back to the court.

Many parents also choose to include a review clause, allowing them to revisit the plan periodically and adjust it as the child grows and their needs change. A flexible plan helps both parents remain adaptable while still prioritizing the child’s time with each parent.

Tailor the plan rather than copying a template. A schedule that works for a school-age child and two local parents will not fit an infant, a shift worker, or parents in different counties.

3. Court Review and Decision

The court will review your documents once the petition and parenting plan are submitted. When both parents agree, the judge usually adopts the plan, but the court still has to find that it serves the child’s best interests. However, if there are disputes, the judge will consider several factors at a hearing, including:

• The wishes of each parent and, if the child is mature enough, the child
• The child’s adjustment to home, school, and community
• The child’s relationship with each parent, siblings, and others who matter in the child’s life
• Each parent’s ability to encourage the child’s relationship with the other parent and to put the child’s needs first

The child’s safety is always paramount, and the court may not presume either parent is better suited because of sex.² The court may also require mediation to help parents resolve disagreements and create a mutually workable parenting plan.

A Filing Checklist

1. Decide what decision-making and parenting time arrangement you are asking for.
2. File the Petition for Allocation of Parental Responsibilities (JDF 1413) and a Case Information Sheet (JDF 1000) in the county where the child lives.³ The petition asks whether each child has lived in Colorado for at least 182 days, and it calls for the Indian Child Welfare Act assessment form, JDF 1350.⁴
3. If you file alone, have the other parent served with the summons (JDF 1414) and the petition, then file proof of service. The other parent can instead sign a waiver and acceptance of service.⁵
4. Attend the initial status conference set in the court’s case management order, where a facilitator, magistrate, or judge reviews what the case still needs.
5. Complete a parenting class if your district requires one, and exchange financial disclosures, including the Sworn Financial Statement (JDF 1111), when your case calls for them.
6. Submit the parenting plan (JDF 1113). The current form must be signed by both parents if you agree, and each parent files a separate plan if you do not.⁶

If the plans compete, the court can send you to mediation, then decides the contested issues at a hearing. The final order allocating parental responsibilities binds both parents until a court modifies it.

Form numbers and versions change, so download each form from the Colorado Judicial Branch self-help pages when you file rather than reusing an old copy.

Unsure whether to file jointly or on your own, or what to do if the other parent will not sign a plan? Johnson Law Group offers a no-pressure consultation to walk through your options, so schedule a consultation before you file.

Why Joint Custody May Be a Good Option

There are many benefits to filing for joint custody in Colorado. These include:

• Promoting strong parent-child relationships: Both parents stay actively involved in the child’s life.
• Sharing parental responsibilities: Joint custody helps both parents contribute to the child’s upbringing.
• Providing emotional stability: Children benefit from maintaining connections with both parents.

It’s important to note that joint custody requires good parental communication and cooperation. If both parties are willing to work together, joint custody can create a positive environment for children, even after a separation or divorce.

How Can Johnson Law Group Help?

At Johnson Law Group, the family law attorneys on our team can guide you through filing for joint custody and help you build a parenting plan around your child’s needs. Johnson Law Group handles mediation, document preparation, and court representation for parents across Colorado.

We will give you a clear read on where you and the other parent agree and what a court would need to decide. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

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