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Colorado

Custody and child support in Colorado: how it actually works Custody and child support in Colorado: how it actually works

Custody and child support in Colorado: how it actually works

Colorado formally retired the word "custody" decades ago — the statute allocates parental responsibilities, split into two components: parenting time (the schedule) and decision-making responsibility (major decisions: education, health, religion). The vocabulary isn't decoration; motions, orders, and standards all run on it, and the two components are decided separately. A parent can hold equal parenting time and not joint decision-making, or vice versa. Understanding the difference between the two is step one in any Colorado case.

Step two, as of this year, Colorado just rebuilt its child support system. More below.

How Colorado courts decide parental responsibilities

Under C.R.S. § 14-10-124, everything runs on the child's best interests, with separate factor lists for parenting time (the child's relationships, adjustment to home and school, the parties' ability to put the child's needs first, past patterns of involvement, geography) and for decision-making (the parties' ability to cooperate and make decisions jointly, past patterns of mutual decision-making, whether joint decision-making would promote more frequent contact). Colorado maintains a policy favoring frequent and continuing contact with both parents, but has no statutory presumption of equal parenting time — equal schedules are common in Colorado practice, but they're built from evidence and agreement, not presumed. Domestic violence findings carry specific statutory consequences for decision-making allocation.

Colorado also utilizes distinctive neutral professionals — Child and Family Investigators (CFIs) and Parental Responsibilities Evaluators (PREs) — whose reports carry substantial weight in contested cases. Who gets appointed, and with what scope, is real strategy: high-conflict custody in Colorado.

How Colorado child support works — including the 2026 overhaul

Colorado runs income-shares guidelines under C.R.S. § 14-10-115 — and House Bill 25-1159, effective in early 2026, which delivered the biggest renovation in decades: a single worksheet replacing the old two-worksheet system, a graduated parenting-time credit replacing the notorious 93-overnight cliff (every overnight now moves the number — no more cliff-edge litigation over the 93rd night), an updated support schedule with the income table extended to $40,000 of combined monthly income, a self-support reserve protecting low-income parents, and mandatory support orders in every case involving children. If your order predates 2026, the math underneath it has changed — capturing it requires a modification filing. Full mechanics: child support in Colorado.

When things change

Colorado modification law is layered: parenting time adjustments run on best interests, changes to the primary residence or decision-making face stricter standards, and relocation gets its own framework — Colorado's relocation case law is among the most developed anywhere. The maps: modifications in Colorado and relocation in Colorado.

Colorado parental responsibilities, handled seriously

From our Denver office, Brown Carrington handles Colorado parenting cases at every level of conflict — including the ones that turn on an evaluation, an expert, or a courtroom.

Straight answers.

Is Colorado a 50/50 state?

No presumption exists — but equal parenting time is a common outcome in Colorado courtrooms where logistics support it. The case is built on the statutory factors, not a default.

At what age can my child choose in Colorado?

No age — a child's wishes count when the child is mature enough to express reasoned, independent preferences, weighted accordingly. Influence grows; a veto never arrives.

What's a CFI versus a PRE?

Both are court-appointed neutrals who investigate and report: CFIs are the streamlined, cost-capped option; PREs conduct deeper (often psychological) evaluations. In serious cases, which one — and who — gets appointed can shape the outcome.

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