In cases of child custody, the courts consider many different factors. These may include whether a parent is seeking to change an existing custody agreement, whether they had children outside of marriage, and whether they are currently married and filing for divorce, among mitigating elements.
The Basics of How to File for Child Custody in CO
Although many factors come into play, there are five basic steps that a person must take when filing for custody in the state of Colorado.
1. Determine what decision-making provisions and parenting time are in the children’s best interests.
In any scenario involving child custody, it is important for the parties involved to discuss the matter and reach an agreement whenever possible. A petition for custody may be filed by one party or by both, and filing this document is the first step. Typically, the Colorado court system has a preference for joint decision-making. This means that both parents share responsibility in deciding on major factors that affect the children, even when the children spend more time with one party than the other.
In some situations, however, this approach is neither desirable nor possible. In this scenario, sole custody may be the best option. If this is the case, only one parent has the authority to make decisions regarding extracurricular activities, religion, health, and education. The filing party will likely need to outline in the Petition what they believe is in the children’s best interests and explain why.
2. File the Petition
Any individual filing for custody in Colorado will need to complete the following forms:
The individual must visit the district court in the county where their children live to file these forms. The district court clerk will provide the individual with a “Case Management Order” that details any other forms they will need, as well as the upcoming court dates.
- Order for Allocation of Parental Responsibilities (JDF 1422)
- Summons to Respond to Petition for Allocation of Parental Responsibilities (JDF 1414)
- Petition for Allocation of Parental Responsibilities (JDF 1413)
- Case Information Sheet (JDF 1000)
3. Serve the other party
If an individual is filing on their own, the other parent must be served with the court papers. This involves having a sheriff or process server deliver the forms JDF 1414 and JDF 1413 to the other party by following the “personal service” process. Once the forms are served, the court will require proof that this step is complete.
4. Attend the ISC (Initial Status Conference)
Once the documents are filed for child custody, a date will be set for the Initial Status Conference. This date will be specified in the Case Management Order, and both parents must attend this hearing. During this step, the proceedings for child custody will be outlined in detail by a family court facilitator, magistrate, or judge.
5. Prepare a parenting plan and get it notarized or attend a hearing on the matter
When both parties are able to reach an agreement, the parenting plan they create will be the primary document that helps the Colorado court in ordering the custody arrangements for their children. It is possible for the parents to reach such an agreement on their own or with the help of a mediator. When the parties are unable to reach an agreement on their parenting plan, the courts will make the necessary decisions for them and their children at a hearing.