How to File for Child Custody in Colorado | How to Get Full Custody in CO

Price Family Law
Denver Family Law Attorney

If your relationship is ending, you might be worried that your former spouse or significant other will try to keep your child away from you. To protect your rights and preserve your relationship with your child, you should file for custody — but this process is often more complex than it seems. It doesn’t help that in nearly every custody dispute, emotions run high. Not sure how to file for child custody in Colorado or how to get full custody in CO? Here’s a closer look.

If it’s in your child’s best interests to have you as their sole custodial parent, you owe it to them to fight for custody. The process can be a complex one, but an experienced family law attorney can guide you every step of the way.

How to File for Child Custody in Colorado

The Right Legal Representation Can Make All the Difference

Before you delve into the particulars of filing for child custody in Colorado, it’s important to understand the terminology the state uses. While many people still use the term “custody,” Colorado officially describes child custody cases as “parental responsibility” cases. Likewise, while you might already be familiar with “legal custody” (the right to make important decisions about your child’s life) and “physical custody” (the right to have your child live with you and provide for their daily needs), Colorado has its own terms for these types of custody, too. “Legal custody” is called “decision-making responsibility” in Colorado, and “physical custody” is called “parenting time.”

In most cases, the courts in Colorado encourage parents to come to an agreement about custody together. If both parents are capable of caring for the child and the child has a good relationship with both parents, it’s generally best for parents to share custody if at all possible. However, there are some situations where it may be in your child’s best interests for you to have sole custody:

  • The other parent has abandoned the child.
  • The other parent is incarcerated.
  • The other parent has been abusive toward you or the child.
  • The other parent has serious substance abuse issues.
  • The other parent is neglectful or has a lifestyle that could endanger the child.
  • The other parent is an unfit parent for another reason.

In some cases (like if the other parent has abandoned the child), you may not have any trouble obtaining sole custody of your child. In other cases, the other parent may fight you for custody. Regardless of the circumstances, working with an experienced family lawyer is a good idea. Even if the other parent doesn’t contest your petition for custody, your attorney can still help you ensure that all documents are filed properly.

An experienced family lawyer can help maximize your chances of getting custody of your child. Call Price Family Law at 720-615-1750 to set up a free consultation today.

What Forms Do You Need to File for Custody in Colorado?

Whether you are filing a joint custody petition with the child’s other parent or you are filing for sole custody, you’ll need to complete the necessary forms. If you and the other parent are filing jointly, you will need to file two forms to start, and if you are filing for sole custody, you will need to file three:

1. Case Information Sheet (Form JDF 1000)

The case information sheet is a relatively brief form. It will include your information, the other parent’s information, and basic information about the child (or children) you intend to seek custody of.

2. Petition for Allocation of Parental Responsibilities (Form JDF 1413)

The petition is a somewhat more involved document than the case information sheet. If you are filing for sole custody, the most important part of this form is the section where you must explain why it is in the child’s best interests to have you as the sole custodial parent. What you include in this section may make the difference between getting the custody arrangement you want and having the other parent successfully fight you for custody. For that reason, it’s wise to ask a family lawyer to help you complete this form.

3. Summons to Respond to Petition for Allocation of Parental Responsibilities (Form JDF 1414)

If you are filing for sole custody, you must also include a summons, which informs the other parent that you have filed for custody and instructs them on what to do if they want to fight for custody themselves.

Once you have filed these forms with the court (either online or in person), you also need to properly serve the documents to the other party. Once the other party responds, the court will schedule a hearing.

How to Get Full Custody in Colorado

A Family Lawyer Can Increase Your Chances

In many cases, the road to full custody is a long and challenging one — but that isn’t always the case. Here are some suggestions for increasing your chances of gaining full custody (full decision-making responsibilities and the majority of parenting time).

Start by Talking to the Child’s Other Parent

Communicating with the other parent may not be feasible in all cases. However, before you go to the trouble of putting together a case for why you should have sole custody, it’s worth talking to the other parent. The other parent may be happy to give you full decision-making responsibility as long as they are allowed visitation.

Prove the Other Parent Is Unfit

If the other parent wants joint or sole custody, you and your legal team have considerable work ahead of you. You must be able to prove that the other parent is unfit — this might mean they are physically or mentally unable to care for the child, they do not have the financial resources to provide for the child’s needs, or they have a history of abuse or neglect against the child. It’s important to note that proof is instrumental here. You cannot simply allege that the other parent is unfit — you must have police reports, witness statements, medical records, or other evidence. Your attorney can help you build and substantiate a case against the other parent.

Prove That It Is in the Child’s Best Interest to Have You as the Sole Custodial Parent

The fact that the other parent is unfit does not automatically mean you are a fit parent — you also must be able to prove that you have a track record of providing your child appropriate care. Character witnesses may be helpful, as can testimony from your child’s teachers, doctors, and others who can tell the court that you’re committed to giving your child the care they deserve.

Need Help Fighting for Custody?

It All Starts With the Right Legal Representation

Unless you are already familiar with Colorado’s family court system, filing your petition for child custody, going through the ensuing hearings, and making sure you meet all deadlines can be a challenge. At Price Family Law, we’re committed to helping parents like you make decisions that will give your children the foundation they need for a bright future.

Don’t risk filing for custody on your own. The right family lawyer can help you put together a strong case, avoid common pitfalls, and maximize your chances of the outcome you and your child deserve. Call Price Family Law at 720-615-1750 to schedule your free consultation.

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    Attorney Trista Price

    Trista McElhaney Price is a founding partner at Price Family Law, LLC. She specializes in high-asset divorce cases and legal matters involving complex business and financial issues as well as complex custody matters involving domestic violence, substance abuse issues, and mental health issues. Read Full Bio.