If you are separating from a co-parent in Colorado Springs, CO, a parenting plan is one of the most important documents you will deal with. It sets out how you and the other parent will share time with your child and make decisions about their upbringing — and in Colorado, it is generally required any time a court is asked to decide custody arrangements.
Many parents in Colorado Springs are not sure what goes into a parenting plan, whether they need one if they agree on everything, or what happens if they cannot reach an agreement. This article explains how parenting plans work under Colorado law in general terms. For guidance specific to your situation, a licensed family law attorney can review the details and help you understand your options.
What Is a Parenting Plan in Colorado?
A parenting plan in Colorado is a written agreement — or court order — that outlines how two parents will share responsibilities and time with their child after a separation or divorce. Colorado courts refer to custody as "parental responsibilities," which covers two main areas: decision-making and parenting time.
Decision-making responsibility covers major choices about a child's education, healthcare, religion, and extracurricular activities. Parenting time covers the schedule — which days and nights the child spends with each parent.
A parenting plan puts all of these arrangements in writing so both parents and the court have a clear record of what was agreed or ordered.
Do I Need a Parenting Plan in Colorado Springs?
In most cases, yes — if you are going through a divorce or a custody case in Colorado, a parenting plan is required by the court. This applies whether the parents were married or not. El Paso County courts, which serve Colorado Springs, expect parents to submit a parenting plan as part of any case involving children.
Even if you and the other parent agree on everything, the court still needs a written plan to approve and enter as an order. Without that order, there is no enforceable agreement if problems come up later.
What Does a Colorado Parenting Plan Include?
A complete parenting plan in Colorado typically covers several key areas. Most plans address at least the following 6 topics:
- The regular parenting time schedule, including weekdays and weekends
- Holiday and vacation schedules
- How decision-making responsibility is divided (joint or sole)
- How parents will communicate with each other about the child
- How disputes between parents will be handled
- Rules around travel, relocation, and introducing new partners
The level of detail in a parenting plan can vary. Some parents in Colorado Springs keep things general and flexible, while others prefer a very specific schedule to reduce future conflict. An attorney can help you decide what level of detail makes sense for your family.
How Does Colorado Decide What Goes in a Parenting Plan?
When parents cannot agree, a Colorado court will decide the terms of the parenting plan based on what is in the best interests of the child. Colorado law outlines a number of factors courts consider, which generally include things like:
- Each parent's relationship with the child
- Each parent's ability to put the child's needs first
- The child's adjustment to home, school, and community
- The mental and physical health of all parties
- Whether there is a history of domestic violence or abuse
Colorado courts generally encourage both parents to remain actively involved in a child's life when it is safe to do so. An attorney can confirm how these factors apply to your specific circumstances in Colorado Springs.
Can Parents Create Their Own Parenting Plan Without Going to Court?
Yes — parents in Colorado can write their own parenting plan and submit it to the court for approval, which is often faster and less stressful than having a judge decide. This is sometimes done through mediation, where a neutral third party helps both parents reach an agreement.
Even when parents agree, it is a good idea to have a family law attorney review the plan before submitting it. A plan that seems fair now may leave gaps that cause problems down the road.
What Happens If We Can't Agree on a Parenting Plan?
If parents in Colorado Springs cannot reach an agreement, the case will generally go before a judge. The court has the authority to set the terms of the parenting plan, including the parenting time schedule and who holds decision-making responsibility, based on the best interests of the child.
In some cases, the court may appoint a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE) to gather information and make recommendations. This process takes more time and is typically more costly than reaching an agreement outside of court.
Can a Parenting Plan Be Changed After It Is Approved?
Yes, but modifying a parenting plan in Colorado generally requires showing that there has been a substantial and continuing change in circumstances since the plan was last set. Courts do not modify parenting plans simply because one parent is unhappy with the arrangement.
Examples of changes that might support a modification include a parent relocating, a significant change in a child's needs, or concerns about a child's safety. An attorney can help you assess whether your situation meets the legal standard for a modification in Colorado.
Common Parenting Plan Questions
Parents in Colorado Springs often have similar questions when they first start learning about parenting plans. Here are answers to a few of the most common ones.
Does a parenting plan apply if we were never married?
Yes. Colorado parenting plan requirements apply to unmarried parents as well as divorcing ones. Any custody case involving a child, regardless of the parents' marital status, will require a parenting plan.
At what age can a child decide which parent to live with in Colorado?
There is no set age in Colorado at which a child can legally choose a parent. Courts may consider a child's preferences as one factor, but the decision is always based on the child's best interests overall.
How long does it take to get a parenting plan approved in Colorado?
The timeline varies depending on whether parents agree or the case goes to a judge. Uncontested plans can be approved relatively quickly; contested cases involving hearings can take several months or longer.
Do I need a lawyer to create a parenting plan in Colorado?
You are not legally required to have an attorney, but having one can help protect your rights. A family law attorney can identify terms that may cause problems later and make sure the plan meets Colorado court requirements.
If you are working through a custody situation in Colorado Springs and want to understand your options, FindCounselNow can connect you with a local, independent family law attorney for a free case review — at no obligation.