How Child Custody Works in Colorado

By Hampton Pigott Staff
Posted on 1-1-2026

If you’re navigating a split, your brain is likely buzzing with a million questions, but the biggest one is usually: “What happens to my kids?” It’s the topic that keeps parents up at night, and in the legal world, it’s known by a fancy name: Allocation of Parental Responsibilities (APR).

At Hampton & Pigott, we don’t believe in "winning" a custody battle at the expense of your child’s peace. We focus on healthy, constructive solutions that keep your kids' needs at the center of the frame. Let’s pull back the curtain on how Colorado judges actually decide who gets the Tuesday night soccer practice run and who handles the big decisions.

The Golden Rule: "Best Interests of the Child"

In Colorado, the court doesn’t care about "punishing" a spouse or keeping things "even" just for the sake of fairness to the adults. The North Star is always the Best Interests of the Child. When a judge looks at your family, they are evaluating:

• The Wishes of the Parents: What do you and your co-parent actually want?
• The Wishes of the Child: If the child is mature enough (usually in their teens), the judge may listen to their preference, though the kid doesn't get the final "vote."
• The "Status Quo": Who has been doing the heavy lifting? Who handles the doctor visits, the homework, and the 2:00 AM nightmares?
• Health & Safety: Any history of domestic violence or substance abuse is a major factor.
• The Ability to Co-Parent: This is a big one. The judge looks at which parent is more likely to encourage a loving relationship with the other parent. Being the "gatekeeper" can actually hurt your case!

Decision-Making vs. Parenting Time

"Custody" is actually split into two different buckets in Colorado:

A. Decision-Making (Legal Custody): Who gets to choose the school, the doctor, and the religious upbringing?

• Joint: Both parents must consult and agree on major life choices.
• Sole: One parent has the final say on the "Big Stuff."

B. Parenting Time (Physical Custody): Where does the child actually sleep?

• Shared: The child spends significant time with both parents (usually at least 93 overnights a year).
• Sole/Primary: The child lives mostly with one parent, while the other has "parenting time" (visitation).

The Custody Chart: Shared vs. Sole

Feature	Shared Parenting Time	Sole/Primary Parenting Time
The Goal	Maximum involvement from both parents.	Stability for the child in one main home.
The Schedule	Can be 2-2-3, 5-2, or week-on/week-off.	Usually involves every other weekend or dinners.
Child Support	Often calculated differently based on overnights.	Usually involves higher payments from the non-custodial parent.

Why You Don't Want a "Callous Court" Deciding

At Hampton & Pigott, we always tell our clients: You know your kids better than a judge does. A judge is a stranger in a black robe who sees your family for an hour; you see them every day.

This is why we love Mediation. It allows you and your co-parent to sit down and build a "Peace Treaty" that fits your real-life schedule—not just a cookie-cutter court template. If you can work it out together, the solution is yours, not the Court's.

Pro Tip: Start a "Parenting Journal" now. Note down the appointments you attend and the milestones you hit. It’s not about being "petty"; it’s about having a clear record of your involvement in your child's life!

You love your children, and we’re here to make sure their future stays bright while you reclaim your independence.