How Colorado Courts Decide Parenting Time: What Parents Need to Know
If you’re going through a divorce or separation in Colorado and have children, parenting time—formerly called visitation—is one of the most important and emotional parts of the process. Whether you’re hoping for equal time or concerned about safety or logistics, it’s critical to understand how Colorado courts decide parenting time.
Here are five key things to know:
1. The Best Interests of the Child Come First
Colorado courts are required to base parenting time decisions on what’s in the best interests of the child. This means the court isn’t focused on what’s “fair” to the parents but on what arrangement will support the child’s physical, emotional, and developmental well-being.
2. Courts Consider a Range of Factors
Judges look at several specific factors under C.R.S. § 14-10-124, including:
The wishes of the parents and the child (if age-appropriate)
The child’s relationship with each parent
How well the parents can cooperate and make joint decisions
Each parent’s past involvement in the child’s life
The mental and physical health of all individuals involved
The child’s adjustment to home, school, and community
Any history of abuse, neglect, or domestic violence
No single factor controls the outcome. The judge will weigh them together based on the evidence in your case.
3. 50/50 Parenting Time Is Common—But Not Automatic
Many parents in Colorado end up with equal or nearly equal parenting time, especially when they live close to each other and can communicate effectively. But 50/50 is not guaranteed. The parenting schedule must work for the child’s age, needs, and stability. If there are concerns about one parent’s fitness or a history of conflict, the court may craft a different schedule.
4. Parenting Time Can Be Flexible or Detailed
You and your co-parent can agree to a general arrangement (like “week-on/week-off” or “every other weekend”) or a highly detailed schedule that spells out exchanges, holidays, and vacations. If you can’t agree, the court will impose a schedule. Working with an attorney can help you advocate for a structure that fits your child’s needs and your family’s rhythm.
5. Parenting Time Can Be Modified
As children grow and life circumstances change, parenting time orders can be modified. You’ll need to show that a change is in the child’s best interests and, in some cases, that there’s been a substantial change in circumstances. If you’re unsure whether you can request a modification, an attorney can guide you through the legal standard.
Final Thoughts
Parenting time cases are deeply personal and can shape your child’s life for years to come. Whether you’re drafting an initial schedule or considering a modification, working with an experienced Colorado family law attorney can help ensure that your voice is heard and your child’s needs are front and center.
At Stordahl Law, PLLC, we help parents across the Front Range—including Denver, Arvada, Boulder, Broomfield, Fort Collins, and Colorado Springs—navigate parenting time with clarity and strategy. If you need guidance on your custody or parenting time case, schedule a consultation today.