Divorce or separation can be one of the hardest experiences a family goes through—especially when children are involved. Determining child custody and visitation isn’t just about legal paperwork; it’s about creating a plan that supports your child’s stability, happiness, and future.
In Colorado, custody decisions—legally referred to as “parental responsibilities”—focus on the child’s best interests. Understanding how these decisions are made can help parents approach the process with clarity and confidence.
The Two Sides of Custody: Decision-Making and Parenting Time
Colorado law breaks custody into two main components:
- Decision-Making Responsibility – Who has the authority to make major decisions about the child’s life, such as education, healthcare, and religion.
- Parenting Time (Visitation) – How much time each parent spends with the child, including living arrangements, holidays, and vacations.
Courts often encourage joint custody, where both parents share decision-making and time with the child. However, if joint custody isn’t in the child’s best interests, one parent may receive primary custody, with the other receiving visitation rights.

How the Court Determines Custody
Every custody case is unique. When parents cannot agree on a plan, the court steps in to decide what arrangement serves the child’s best interests. Judges look at several factors, including:
- Each parent’s emotional bond with the child
- The child’s adjustment to home, school, and community
- The ability of each parent to support the child’s relationship with the other parent
- The mental and physical health of everyone involved
- Any evidence of abuse, neglect, or substance abuse
The court’s main goal is to ensure a safe, loving, and consistent environment for the child.
Understanding Visitation Rights
Visitation, also known as parenting time, allows a parent to maintain a meaningful relationship with their child even if they don’t have primary custody. Common arrangements include:
- Alternating weekends and holidays
- Midweek or overnight visits
- Extended summer or vacation time
In some cases, the court may order supervised visitation if there are concerns about a parent’s ability to provide a safe environment. These visits take place in the presence of a neutral third party to protect the child’s well-being.
Creating a Parenting Plan That Works
Colorado encourages parents to work together to create a parenting plan—a written agreement that outlines custody, visitation, communication, and decision-making responsibilities. A well-crafted parenting plan helps reduce conflict and ensures that both parents understand their roles and expectations.
If parents cannot agree, the court may order mediation before making a final decision. Mediation provides an opportunity to discuss issues in a neutral setting and reach an agreement without going to trial.
Modifying Custody or Visitation Orders
Life changes—jobs relocate, children grow older, and family needs evolve. If a major life change affects your current custody arrangement, you can request a modification.
To modify a court order, the requesting parent must show that the change serves the child’s best interests. Common reasons include relocation, remarriage, or significant changes in a parent’s circumstances. Having legal guidance during this process can make it easier to present your case effectively.
Why Legal Help Matters
Even when both parents want what’s best for their child, custody and visitation issues can become complex. A knowledgeable family law attorney can help by:
- Explaining your rights under Colorado custody law
- Drafting or reviewing parenting plans
- Representing you in mediation or court
- Helping you modify or enforce existing orders
- Protecting your child’s safety and your parental rights
At Divorce Matters, our attorneys understand the emotional and legal challenges parents face during custody disputes. We provide compassionate guidance and strong advocacy to help you reach a resolution that protects your child and your peace of mind.
Final Thoughts
Child custody and visitation cases are about more than legal decisions—they’re about building a foundation for your child’s future. With the right legal support and a focus on cooperation, parents can create a plan that works for everyone involved.
If you need help with a custody or visitation matter, contact Divorce Matters today. Our experienced team is ready to help you protect your rights and your child’s best interests.