A parenting plan in Colorado is a written agreement, required under Colo. Rev. Stat. § 14-10-124, that allocates parenting time and decision-making responsibility based on the best interests of the child. Parents submit a plan for court approval; the dissolution filing fee is $230, and a mandatory 91-day waiting period applies before any decree.
Key Facts: Colorado Parenting Plans (2026)
| Item | Colorado Requirement |
|---|---|
| Filing Fee | $230 dissolution petition + $12 e-filing surcharge ($116 response fee) |
| Waiting Period | 91 days mandatory before decree (cannot be waived) |
| Residency Requirement | 91 consecutive days domicile before filing; 182 days for child custody jurisdiction |
| Grounds | No-fault only: irretrievable breakdown of marriage |
| Custody Type | Allocation of parental responsibilities (parenting time + decision-making) |
| Governing Statute | C.R.S. § 14-10-124 (best interests of the child) |
As of January 2026. Verify with your local clerk or the Colorado Judicial Branch fee schedule.
What Is a Parenting Plan in Colorado?
A parenting plan in Colorado is the legally required document that sets out how separated parents share two distinct responsibilities: parenting time (where the child lives and when) and decision-making responsibility (authority over education, health care, and religious upbringing). Under Colo. Rev. Stat. § 14-10-124, parents must submit a plan for the court's approval in every case involving children.
Colorado retired the word "custody" from its statutes. The state instead uses "allocation of parental responsibilities," reflecting a philosophy that both parents should remain involved unless a compelling safety reason exists. What most people call legal custody is "decision-making responsibility" in Colorado, and what people call physical custody is "parenting time." A complete parenting plan Colorado courts will approve must address exchange logistics, transportation, communication procedures, and a holiday and vacation schedule that anticipates the child's current and future needs.
Colorado Residency and Filing Requirements
At least one spouse must be domiciled in Colorado for 91 consecutive days immediately before filing under Colo. Rev. Stat. § 14-10-106. For parenting orders specifically, the child must have lived in Colorado for at least 182 consecutive days (six months) before filing, per the Uniform Child-Custody Jurisdiction and Enforcement Act at Colo. Rev. Stat. § 14-13-201.
Colorado defines "residence" as synonymous with "domicile," meaning you must intend to keep Colorado as your permanent home. These two thresholds are separate: meeting the 91-day adult residency rule lets the court grant a divorce, but the court cannot enter parenting orders, divide marital assets, or order child support unless the 182-day child home-state requirement and personal jurisdiction are also satisfied. A petition filed without meeting the 91-day domicile rule may be dismissed, forcing parents to refile in a state where they qualify. The fastest path is a joint Co-Petition (JDF 1115), which eliminates formal service and starts the 91-day clock on the filing date.
Filing Fees and Costs for a Colorado Parenting Plan
The Colorado dissolution of marriage filing fee is $230 as of January 2026, plus a non-waivable $12 e-filing surcharge, bringing the practical minimum to roughly $242 for a self-represented petitioner. The responding spouse pays a $116 answer fee. Unmarried parents seeking only an allocation of parental responsibilities pay a separate petition fee in the same range.
Fees increased effective January 1, 2025 under Colorado House Bill 2024-1286, so always confirm the current amount before filing. Beyond the filing fee, parents commonly encounter additional costs: service of process runs $40 to $100 or more; a mandatory parenting education class costs $25 to $55 per person; certified copies of the decree cost $20 to $50; and private mediation runs $150 to $400 per hour, with full sessions totaling $1,000 to $3,000. Fee waivers are available through JDF 205 (Motion to File Without Payment) and JDF 206 (Supporting Financial Affidavit), typically granted for income at or below 125 to 200 percent of the federal poverty level, though the $12 e-filing surcharge cannot be waived. As of January 2026. Verify with your local clerk.
| Cost Item | Typical Amount (2026) |
|---|---|
| Dissolution filing fee (petitioner) | $230 |
| E-filing surcharge (non-waivable) | $12 |
| Response fee (respondent) | $116 |
| Parenting education class (per parent) | $25–$55 |
| Service of process | $40–$100+ |
| Private mediation (per hour) | $150–$400 |
| Certified copy of decree | $20–$50 |
The Best Interests of the Child Standard
Colorado courts allocate all parenting responsibilities according to the best interests of the child, giving paramount consideration to the child's safety and physical, mental, and emotional needs under Colo. Rev. Stat. § 14-10-124. The statute lists nine factors for parenting time and three additional factors for decision-making, and judges must make findings on the record in contested cases.
The nine parenting-time factors under C.R.S. § 14-10-124(1.5)(a) include the wishes of both parents; the wishes of the child if sufficiently mature; the child's relationships with parents, siblings, and others; the child's adjustment to home, school, and community; the mental and physical health of all individuals; each parent's ability to encourage the child's love and contact with the other parent; the parents' past pattern of involvement; the physical proximity of the parties; and each parent's ability to place the child's needs first. For decision-making, C.R.S. § 14-10-124(1.5)(b) adds three factors: whether the parents can cooperate, whether their past conduct shows an ability to make joint decisions, and whether joint decision-making would promote more contact. Because Colorado is a no-fault state, the court will not consider conduct that does not affect a parent's relationship to the child, and the statute bars bias based on religion, gender, sexual orientation, race, or disability.
Parenting Time Schedules in Colorado
Colorado has no statutory default parenting time schedule; courts craft each schedule around the family's specific circumstances under Colo. Rev. Stat. § 14-10-124. In 2026, however, a 50/50 parenting time schedule has become an increasingly common starting point, with the most popular rotations being 2-2-5-5, week-on/week-off, and 70/30 arrangements for parents living farther apart.
A strong co-parenting schedule specifies the regular weekly rotation, holiday alternation, summer and school-break allocation, and a precise exchange procedure naming the location, time, and parent responsible for transportation. Parenting time also carries financial weight: under Colorado's 2026 child support guidelines at Colo. Rev. Stat. § 14-10-115, overnights directly reduce the support obligation through a non-linear credit system. A parent with 25 percent of overnights receives roughly a 13 percent credit, while reaching 50 percent of overnights yields a full 50 percent adjustment. The combined monthly gross income cap rose to $40,000 in 2026, and the self-support reserve is $1,831.83. When a parenting time schedule is contested, the parenting plan must be as specific as possible to address the child's current and future needs and to minimize future conflict over ambiguous terms.
Decision-Making Responsibility
Decision-making responsibility in Colorado governs major choices about a child's education, health care, and religious training, and courts allocate it either jointly (mutual), solely to one parent, or split by issue under Colo. Rev. Stat. § 14-10-124. The court may assign different decisions to different parents, so one parent might hold educational authority while both share medical decisions.
Joint decision-making requires that parents demonstrate an ability to cooperate and communicate effectively. When the court finds by a preponderance of the evidence that a parent committed child abuse, domestic violence, or sexual assault resulting in the conception of the child under C.R.S. § 14-10-124(4)(d), the safety of the child and abused parent becomes the primary concern, and joint decision-making may be prohibited entirely. The statute also includes a medical emergency exception: either parent may obtain necessary emergency medical treatment for the child without violating a decision-making order or being held in contempt. A well-drafted parenting plan should specify how parents will communicate about major decisions, what happens if they reach an impasse, and whether mediation under Colo. Rev. Stat. § 13-22-311 is required before returning to court.
How to Submit a Parenting Plan for Court Approval
Parents submit a written parenting plan to the court for approval; if no plan is submitted or the court rejects it, the judge must formulate a plan addressing both parenting time and decision-making under Colo. Rev. Stat. § 14-10-124. Agreed plans in uncontested cases are typically approved without a contested hearing, allowing finalization as soon as the 91-day waiting period expires.
The process begins with completing the required Colorado Judicial Branch forms, all available free at coloradojudicial.gov. Parents must also finish the mandatory parenting education class and file sworn financial disclosures. The court may order mediation under Colo. Rev. Stat. § 13-22-311 to help parents formulate or modify a plan, allocating the cost between the parties. Where parenting time is contested, the judge will hold a hearing, consider the statutory best-interests factors, and make findings on the record explaining why the allocation serves the child. Most uncontested Colorado divorces with children finalize in three to five months from the filing date, while contested custody disputes can take a year or longer depending on the court's docket and the complexity of the disagreement.
Modifying a Parenting Plan in Colorado
Colorado law treats modifying parenting time and modifying decision-making differently, with decision-making carrying a higher burden of proof. Under Colo. Rev. Stat. § 14-10-129, a court may modify parenting time whenever the change serves the child's best interests, but a substantial change altering the majority residential parent triggers a tougher endangerment standard.
To substantially change parenting time and switch the majority parent under C.R.S. § 14-10-129, one of four conditions must apply: the parents agree, the child has been integrated into the moving parent's family with consent, the majority parent is relocating, or the child's present environment endangers physical health or significantly impairs emotional development. Modifying decision-making responsibility under Colo. Rev. Stat. § 14-10-131 requires proof of changed circumstances arising since the prior decree and that modification is necessary for the child's best interests. Both statutes impose a two-year waiting rule: a motion that also seeks to change primary residence generally cannot be refiled within two years of a prior similar motion's disposition, unless affidavits show the child may be endangered. A 2026 Colorado Supreme Court decision (Case No. 25SC220) clarified how courts choose between the best-interests and endangerment standards, examining both the quantitative and qualitative aspects of a proposed change.
Domestic Violence and Safety Protections
Colorado law places child and victim safety above all other parenting considerations when abuse is present. Under C.R.S. § 14-10-124(4)(d), when a court finds by a preponderance of the evidence that a party committed child abuse, domestic violence, or sexual assault resulting in the child's conception, the safety and well-being of the child and abused parent become the primary concern.
If you or your child are in immediate danger, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. In abuse cases, Colorado courts may restrict parenting time, require supervised visitation, or prohibit joint decision-making. A motion to restrict parenting time under Colo. Rev. Stat. § 14-10-129 is an emergency measure that asks the court to bar unsupervised contact; the moving parent must show imminent physical or emotional danger, and the court must hold a hearing within 14 days. The statute also directs courts to consider domestic violence whether it occurred before or after the prior decree. A parent's protective action to shield a child from witnessing or suffering abuse cannot be used against that parent under the factor measuring willingness to encourage contact with the other parent.