Court Process in Denver Child Custody Cases

Divorce Matters has over 32 years of courtroom and litigation experience.

Going through a divorce in Denver can feel overwhelming and uncertain. You’re not just ending a marriage — you’re protecting your children, your financial future, and your peace of mind. At Divorce Matters, we’ve guided thousands of Colorado families through this exact journey. We combine deep knowledge of Colorado family law with genuine compassion, so you never have to face this alone. Our role is simple: protect what matters most to you and help you move forward with clarity and strength.

Divorce or separation cases involving children in Denver almost always require difficult negotiations over parenting time and decision-making. When parents cannot reach an agreement on a parenting plan, the court steps in to allocate parental responsibilities based on the best interests of the child. At Divorce Matters®, our Denver-based family law attorneys have extensive experience navigating the Denver District Court and local family law procedures. We guide clients through every stage of the process — from filing to final orders and beyond — with compassion, tenacity, and a deep understanding of what Denver judges expect. Here are clear answers to the most common questions parents have about the court process in Denver child custody cases.

How long does the child custody court process take in Denver?

Timelines vary significantly depending on whether the case is contested. A simple, uncontested allocation of parental responsibilities case can often be completed in about three months (after meeting the 90-day residency requirement and the 90-day waiting period from filing). To be uncontested you and the other parent must agree on ALL material aspects of the parenting plan. If you do not then, the matter is contested.  Contested cases involving child custody disputes typically take 6–12 months on average. If the matter goes all the way to trial, it can take 1–2 years. Cases with children usually require a parenting education class, financial disclosures, and often multiple hearings or temporary orders, which can extend the process. Working with an experienced Denver divorce attorney and exploring mediation or collaborative options can help resolve issues more efficiently.

What steps are required right after filing a child custody case in Denver?

After filing a Petition for Allocation of Parental Responsibilities (or as part of a divorce), both parties generally must: Complete financial disclosures (usually within 20 days, extendable to 40 days in some situations) Almost always, the court will send the parties to mediation. The Courts want the parties to resolve issue on their own when possible.  Beware, agreements made without complete financial disclosure can be contested later on.

Participate in an Initial Status Conference (ISC) The court will issue deadlines and may address temporary issues early in the case.

What is an Initial Status Conference in a Denver family law case?

The Initial Status Conference is an early court appearance where the parties (and attorneys, if represented) meet with the court or a family court facilitator. The goal is to identify the issues, set deadlines for disclosures and other requirements, and discuss the possibility of settlement or mediation. Temporary orders regarding parenting time, decision-making, child support, or other issues can also be addressed at or around this time.

How are temporary orders handled in Denver child custody cases?

Either party can request temporary orders for parenting time, decision-making, child support, maintenance, or other matters while the case is pending. These orders remain in effect until replaced by final orders or further court action. Temporary orders help provide stability for the children and parents during the often lengthy court process. Many times “temporary” orders feel like conditions that are “temporary.” This is technically true but  judges are humans and often fall prey to the consistency commitment. Once the court issue a temporary order it may feel compelled to issue the same order as permanent to feel “consistent.”

When can emergency orders be requested in a Denver child custody case?

Emergency relief it available at all times. There is no specific filing time. Emergency relief is available when a child is in imminent physical or emotional danger (for example, due to abuse, neglect, substance abuse, or domestic violence). Under Colorado law (C.R.S. 14-10-129(4)), you can file a motion requesting restricted or supervised parenting time. If granted, the court typically schedules a contested hearing within 14 days. Strong evidence is essential, as unfounded claims can result in sanctions, including payment of the other party’s attorney fees.

What does “allocation of parental responsibilities” mean in Colorado?

In Colorado, the legal term is allocation of parental responsibilities (often still called “custody” by parents). It has two main components: Decision-making responsibility — Who makes major decisions about the child’s education, healthcare, religion, and extracurricular activities (can be joint or allocated to one parent). Divorce cases can and often do involve parental responsibilities. Lawyers often refer to “APR” action or actions for allocation of parental responsibilities to means cases in which the parties were never married.  Every time a child is involved, married or not, child support and parental responsibilities must be decided.

Parenting time — The actual schedule of when the child spends time with each parent.

The court allocates these responsibilities according to the best interests of the child. What factors does the Denver court consider when determining the best interests of the child?

Colorado law (C.R.S. 14-10-124) requires the court to consider all relevant factors, with paramount importance given to the child’s safety and physical, mental, and emotional needs.

Key factors include:

  • The wishes of the parents
  • The wishes of the child (if mature enough to express a reasoned preference)
  • The child’s relationship with each parent, siblings, and other significant people
  • The child’s adjustment to home, school, and community
  • The mental and physical health of all individuals involved
  • Each parent’s ability to encourage a positive relationship with the other parent
  • The past pattern of involvement of each parent with the child
  • The physical proximity of the parents
  • Any history of domestic violence, child abuse, or neglect
  • Any other relevant factors

The “best interest of the child” is a broad standard with much judicial discretion. That’s where skilled attorneys can make a difference in your case. It takes skill to present all the facts and evidence so a judge property decide the “best interest.”

What are CFIs and PREs and how do they work in Denver custody cases?

Child and Family Investigators (CFIs) and Parental Responsibility Evaluators (PREs) are court-appointed neutral professionals who investigate the family situation and provide recommendations to the court. CFIs conduct investigations into the parent-child relationship and lifestyle factors. PREs generally perform more in-depth evaluations and can include psychological components.

They interview parents, children (when appropriate), and collateral contacts, then submit a report with recommendations. The judge reviews the report but is not required to follow it. These evaluations are common in disputed or high-conflict Denver custody cases.  Although a judge is not “mandated” to follow the report, most judges adopt the recommendations of CFI’s and PRE’s.  In effect, these so called “neutrals” often have a huge effect on the outcome of your case.

What should I expect at an evidentiary hearing or trial in a Denver child custody case?

At an evidentiary hearing or permanent orders hearing, each side presents evidence and testimony to support their proposed parenting plan.

This can include:

  • Witness testimony (teachers, therapists, family members, etc.)
  • Documents and records (school, medical, communication logs)
  • Expert reports (from CFIs/PREs or other professionals)
  • Parents behavior-especially social media posts and text message have become a routine part of every hearing.
  • The judge listens to both sides and makes decisions based on the best interests of the child standard.

Can mediation or other alternatives help resolve Denver child custody disputes?

Yes. Many Denver cases benefit from mediation or collaborative divorce processes. These approaches allow parents to create their own parenting plan with the help of neutral professionals, often resulting in faster, less expensive, and more sustainable outcomes than litigation.  Courts will generally order parties to attend mediation and can order them to attend mediation more than once.

At Divorce Matters®, we help clients evaluate whether mediation, collaborative law, or litigation best serves their family’s needs.

What should I wear to court for a Denver child custody hearing?

Dress in clean, conservative business casual attire. The goal is to show respect for the court while appearing competent and focused on your child’s well-being. Avoid overly casual clothing, strong scents, or anything that could be distracting. When in doubt, ask your attorney. Remember, they are called judges for a reason and you are being judged from the minute you step into the courtroom including your attire.

Ready to protect your children and your parental rights?

The court process in Denver child custody cases can feel overwhelming, but you don’t have to navigate it alone. The experienced team at Divorce Matters® has helped thousands of Colorado parents through allocation of parental responsibilities cases in Denver and across the state. Contact us today for a confidential case assessment.

Call 720-542-6142  or book online at divorce-matters.com/contact. We serve clients throughout the Denver metro area from our Greenwood Village office and have additional locations in Colorado Springs, Fort Collins, and Greeley.