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Allocation of Parental Responsibilities

When parents are not married and need court orders concerning their children, they may begin an Allocation of Parental Responsibilities proceeding, commonly called an “APR” or “custody” case.

An APR case can establish:

• A parenting-time schedule
• Responsibility for major decisions affecting the child
• Child support and the allocation of child-related expenses

These issues may also be addressed as part of a divorce or legal-separation case. Whether the parents were married or unmarried, Colorado courts decide parenting time and decision-making responsibilities according to the best interests of the child.

The Best Interests of the Child

The best interests of the child are the central consideration in every Colorado parental-responsibilities case. The court must give paramount consideration to the child’s safety and to the child’s physical, mental, and emotional needs.

The court does not decide parenting time based simply on what either parent believes is fair. Instead, it evaluates the circumstances of the child and family and enters orders intended to promote the child’s safety, stability, and overall well-being.

When determining parenting time, the court may consider relevant factors including:

• The wishes of each parent
• The child’s wishes, when the child is sufficiently mature to express a reasoned and independent preference
• The child’s relationships with parents, siblings, and other people who may significantly affect the child’s best interests
• The child’s adjustment to home, school, and community
• The mental and physical health of the individuals involved, except that a disability alone cannot be used as a basis to restrict parenting time
• The parents’ past pattern of involvement with the child
• The physical proximity of the parents’ homes
• Each parent’s ability to place the child’s needs ahead of that parent’s own needs
• Each parent’s ability to encourage a positive relationship between the child and the other parent, when doing so is appropriate and safe
• Whether credible evidence establishes child abuse or neglect, domestic violence, or sexual assault

The court generally does not consider conduct that does not affect a parent’s relationship with the child. Colorado law also does not permit the court to presume that one parent is better able to serve the child’s interests because of that parent’s sex.

Each family is different. A parenting plan that works well for one child may not be appropriate for another. The child’s age, developmental needs, school schedule, medical needs, relationships, safety, and established routines may all affect the result.

Parenting Time

Parenting time determines when the child will be in each parent’s care. A complete parenting plan may address regular weekdays and weekends as well as:

• Holidays and school vacations
• Summer schedules
• Birthdays and other special occasions
• Transportation and exchanges
• Telephone and electronic communication
• Travel with the child
• The exchange of school, medical, and activity information
• Procedures for resolving future disagreements

Colorado law does not create one parenting schedule that applies to every family. The court must determine an arrangement that serves the child’s best interests under the family’s particular circumstances.

Although Colorado generally encourages frequent and continuing contact between children and their parents when appropriate, that goal does not override concerns involving abuse, domestic violence, neglect, substance misuse, or other dangers to the child. Parenting time may be structured, supervised, restricted, or subject to protective conditions when required by the child’s safety and best interests.

Decision-Making Responsibilities

Decision-making responsibility concerns authority over major matters in the child’s life. These commonly include:

• Education
• Nonemergency medical, dental, and mental-health care
• Religious upbringing
• Extracurricular activities
• Other significant decisions affecting the child

Decision-making may be allocated jointly, individually, or divided by subject. For example, the parents may share educational decisions while one parent has responsibility for medical decisions.

When deciding whether joint decision-making is appropriate, the court may consider the parents’ ability to cooperate, their past involvement with the child, their history of supporting one another as parents, and whether joint decision-making will promote a positive and nourishing relationship with the child.

Joint decision-making is not appropriate in every case. Where there is domestic violence, coercive control, child abuse, severe conflict, or an inability to make decisions safely and effectively, the court must apply the statutory protections and findings required by Colorado law.

Child Support

An APR proceeding ordinarily also establishes child support. Child support is intended to meet the child’s financial needs and is separate from parenting time and decision-making responsibilities.

Colorado uses statutory child-support guidelines to promote consistent and adequate support awards. The calculation generally begins with the parents’ incomes and considers the number of children covered by the order. Depending on the circumstances, the calculation may also account for:

• The number of overnights the child spends with each parent
• Maintenance paid or received
• Support obligations for other children
• The cost of the child’s health-insurance coverage
• Work-related child-care expenses
• Extraordinary medical expenses
• Other eligible child-related expenses or adjustments

The amount of parenting time can affect the guideline calculation, but equal or nearly equal parenting time does not necessarily eliminate child support. A support obligation may still be appropriate when the parents have different incomes or when one parent pays a greater share of the child’s expenses.

Colorado’s guidelines create a presumptive support amount. In an appropriate case, the court may deviate from that amount when applying the guideline amount would be inequitable, unjust, or inappropriate. Any deviation must be supported by the circumstances and the findings required by law.

Child support may include more than a monthly transfer from one parent to the other. The court may also allocate responsibility for health insurance, uninsured medical and dental expenses, child care, educational expenses, and other costs associated with raising the child.

Establishing Each Parent’s Income

Determining income can be straightforward when both parents receive regular wages. It may become more complicated when a parent:

• Is self-employed
• Owns a closely held business
• Receives commissions, bonuses, tips, or irregular compensation
• Has investment or rental income
• Receives noncash employment benefits
• Is voluntarily unemployed or underemployed
• Claims business deductions that may not be appropriate for child-support purposes

Colorado’s statutory definition of gross income is broad and may include income from many sources. Accurate financial disclosures and supporting records are essential to a reliable child-support calculation.

Modifying Child Support

A child-support order may be modified when there has been a substantial and continuing change in circumstances. Under the Colorado Judicial Branch’s guidance, a change is generally considered substantial when application of the current guidelines would produce at least a 10% increase or decrease in the existing support amount.

Possible grounds for modification may include:

• A meaningful change in either parent’s income
• A significant change in parenting time
• A change in child-care expenses
• A change in health-insurance costs
• A child’s emancipation
• A change in the number of children covered by the order
• New or substantially different medical or educational expenses

Child support generally does not change automatically merely because a parent’s income or parenting schedule has changed. A parent ordinarily must request modification through the appropriate legal process.

Creating a Workable Parenting Plan

Parents are often best positioned to create a parenting plan suited to their child, provided they can negotiate safely and productively. An agreed parenting plan can address the family’s schedules, traditions, communication methods, and the child’s individual needs in greater detail than a court may be able to address after a contested hearing.

When an agreement is not possible, the court may determine the disputed issues after considering the evidence and applying Colorado’s best-interests standard.

Carefully drafted orders can reduce uncertainty and prevent future conflict. Parenting plans should be specific enough to guide the parents while remaining practical as the child grows and family circumstances change.

Representation in Colorado Parental-Responsibilities Cases

Tom represents parents in initial APR proceedings, contested parenting-time and decision-making disputes, child-support matters, and post-decree requests to modify or enforce existing orders.

These cases can affect where a child lives, how important decisions are made, the child’s financial support, and the future relationship between the parents and child. Experienced representation can help identify the relevant evidence, protect parental rights, and keep the legal presentation focused on the child’s best interests.

Contact the law office of Thomas A Ramunda Jr. to discuss an Allocation of Parental Responsibilities, parenting-time, decision-making, or child-support matter.