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 legal documents.
What Is Joint Custody in Colorado? 
In Colorado, 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 are typically referring to a parenting arrangement where both parents share significant parenting time, with at least 90 overnights per year spent with each parent.
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.
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.
- Custodial parent: The parent with whom the child lives the majority of the time (more than 183 overnights per year). 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 help you navigate the process smoothly.
1. File a Petition for Custody
The first step in filing for joint custody is to submit a petition. This legal document formally requests the court to establish custody and other parenting arrangements. In the petition, it's important to clearly state that you are seeking joint physical custody.
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 best arrangement based on the child's best interests.
2. Submit a Parenting Plan
Along with the petition, you will need to prepare a 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 ensures the child has stability and consistency.
When creating your plan for joint custody, include the following:
- At least 90 overnights per year with each parent.
- 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 such flexibility and help to prevent conflicts down the road, you'll likely want to include provisions that allow the parents to modify arrangements by mutual written agreement.
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 ensures both parents remain adaptable while still prioritizing the child's time with each parent, fostering a smoother co-parenting relationship in the long term.
3. Court Review and Decision
The court will review your documents once the petition and parenting plan are submitted. The judge will typically approve the joint custody arrangement if both parents agree. However, if there are disputes, the judge will consider several factors at a hearing, including:
- The child's best interests
- Each parent's availability to be with the child
- The child's relationship with each parent
- The willingness of each parent to cooperate
The court may also require mediation to help parents resolve disagreements and create a mutually workable parenting plan.
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 ensures 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, our experienced family law attorneys can guide you through filing for joint custody and help you create a parenting plan that reflects your child's best interests.
We offer a FREE consultation to discuss your case and how our family law attorneys can get you the best results for your family. Whether you need assistance with mediation, document preparation, or court representation, we will help you explore your options and develop a strategy tailored to your needs. Call us today at (720) 744-3513.
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