Family Court in Colorado: What Survivors Need to Know (Parental Responsibilities & Protection)

Colorado’s family law system uses unique language ("Allocation of Parental Responsibilities") that differs from the traditional "custody" terms used in other states. Under Colorado Revised Statutes (C.R.S.) § 14-10-124, the court must prioritize the child's safety, meaning evidence of domestic violence can significantly alter how parenting time and decision-making are awarded.¹

This guide explains the specific legal protections available to you in Colorado courts, from Denver to Grand Junction.

1. New Terminology: "Custody" is Gone

You will rarely hear "custody" or "visitation" in Colorado courts.² The modern terms are:

• Allocation of Parental Responsibilities (APR): This covers both where the child lives and who makes decisions.³

• Parenting Time: The time the child spends with each parent (formerly physical custody).⁴

• Decision-Making Responsibility: The right to make major decisions (health, education, religion).⁵ This can be Joint or Sole.

  • Note: If there is credible evidence of domestic violence, the court can award Sole Decision-Making to the survivor to prevent the abuser from using "joint" decisions to control or harass you.⁶

2. The "Best Interests" & Domestic Violence

When deciding on parenting plans, the judge must consider the "Best Interests of the Child" (C.R.S. § 14-10-124).⁷

• Mandatory Consideration: The law explicitly requires the judge to consider "credible evidence of the ability of the parties to cooperate and to make decisions jointly."⁸

• The Impact: If you can prove a history of domestic violence (police reports, medical records, or testimony), the court may find that "joint decision-making" is impossible and unsafe.

• Limiting Contact: The court can order that parenting time be supervised or that exchanges happen in a safe public place (like a police station) if there is a risk of harm.⁹

3. Civil Protection Orders (CPO)

You can obtain a Civil Protection Order separate from your divorce or APR case.

• Temporary Protection Order (TPO): Issued immediately (ex parte) if you are in imminent danger.¹⁰ It lasts about 14 days until a hearing.

• Permanent Protection Order (PPO): Issued after a hearing where the abuser has a chance to appear.¹¹ It can last forever.

• Family Court Impact: A CPO can include temporary orders for "Care and Control" of the children, effectively giving you temporary custody.¹² It can also evict the abuser from the shared home.

4. Mandatory Mediation & The Safety Exemption

Colorado generally requires mediation before a judge will hear a contested case.¹³

• The Risk: Mediation requires negotiating with the other party, which can be dangerous for survivors.

• The Exemption: Under C.R.S. § 13-22-311, a court cannot order you to mediation if you claim you are a victim of physical or psychological abuse by the other party and are unwilling to enter mediation.

• Action Item: You must file a "Motion to Waive Mediation" or inform the court facilitator immediately about the abuse to trigger this exemption.

5. Address Confidentiality Program (ACP)

• What it is: A state program that provides survivors of domestic violence, sexual offenses, and stalking with a substitute legal address (usually a PO Box in Denver).¹⁴

• How it helps: You use this substitute address on all court documents (and for your driver's license/schools) so your abuser cannot find where you live.

• Requirement: You must move to a new location unknown to the abuser to qualify. You typically apply through a certified local Application Assistant (found at victim advocacy centers).

6. Child Support & "Good Cause"

• The Guideline: Colorado uses the "Income Shares" model.

• Imputing Income: If your abuser quits their job to avoid paying, the court can "impute" income (pretend they are earning their potential wage) and base support on that.

• TANF/Colorado Works: If you receive state aid, the state usually sues the other parent for reimbursement. However, if doing so would endanger you, you can file a "Good Cause" claim to stop the state from pursuing the abuser.

Frequently Asked Questions (FAQ)

Q1: Can I move out of Colorado with my child?

Not easily. If a case is filed (or about to be), you generally need the other parent's consent or a court order to move the child out of state ("Relocation"). Moving without permission can hurt your case. Exception: If you are fleeing immediate violence, prioritize safety, but file a motion regarding the emergency immediately.

Q2: What is a "CFI" or "PRE"?

• CFI (Child and Family Investigator): An expert appointed to investigate specific issues (like safety or domestic violence) and write a report for the judge.¹⁵

• PRE (Parental Responsibilities Evaluator): A mental health professional who does a deeper, more expensive psychological evaluation of the family.

• Tip: If the court appoints one, ensure they have specific training in coercive control and domestic violence dynamics.¹⁶

Q3: Can I record my abuser?

Yes. Colorado is a "one-party consent" state. You can legally record a conversation you are part of without the other person's knowledge. This is often admissible in court to prove threats or verbal abuse.

Q4: Will I get "50/50" parenting time?

It is common, but not guaranteed. Colorado courts value the involvement of both parents, but safety overrides this.17 If you prove that 50/50 time endangers the child (physically or emotionally), the court must order a schedule that protects the child.

Q5: What if I can't afford a lawyer?

Colorado Legal Services helps low-income survivors.18 Additionally, many courthouses have "Self-Help Centers" (Sherlock) that provide forms and check your paperwork for free.19

Q6: Does "coercive control" count in Colorado?

Increasingly, yes. While the term isn't as explicitly defined in every statute as in some other states, Colorado courts recognize "psychological abuse" and patterns of control as factors in the "Best Interests" analysis. Documenting isolation and financial control is key.

References & Resources

• Colorado Legal Services: coloradolegalservices.org (Apply for aid).

• Address Confidentiality Program (ACP): 303-866-2208.²⁰

• Violence Free Colorado: State coalition with a directory of shelters.

• Judicial Branch Self-Help: courts.state.co.us (Download JDF forms).

• Legislation: Colorado Revised Statutes § 14-10-124 (Best Interests), § 13-14-101 (Protection Orders).