Child Custody and Visitation Attorney in Denver, Colorado

What are parenting time and decision making under Colorado law?

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so this is what I like to call the um

the fake news uh terms of of custody or

parenting time there are a lot of

interchangeable terms that are used in

Colorado we use the term allocation of

Parental responsibilities which is a

mouthful so we call it a PR what APR

means is that the court will allocate

parenting time to each parent based on

the number of overnights that that

parent will exercise with the child

looking at the I guess there are about

12 I believe factors under the best

interest of the child factors that the

court takes into consideration when

allocating parenting time to each parent

so the term custody kind of asserts that

one parent has you know primary custody

of a child but the way that we see it in

Colorado is just really based on the

exercise of overnights which if that’s

equal then that’s equal but in some

circumstances that could mean a parent

is the primary parent because they

exercise more parenting time but by wave

overnights decision making is

interesting this is probably one of the

other areas that a lot of people either

overthink or kind of underestimate uh as

to what types of decisions that they’re

making about their kids so for example

major decisions such as Medical Care

religious upbringing education mental

health dental those are the major

decisions that parents usually are

required kind of mostly by default to

make together jointly in Colorado the

court can allocate decision-making

authority to one parent meaning they

would have sole decision-making

Authority and that would allow that

parent to make those decisions without

consulting the other parent when you

exercise joint decision making you both

are required to make those decisions

jointly if you can’t reach an agreement

then sometimes that may require you to

go to the court or there are other

avenues such as parenting coordinators

and decision makers that the court can

design need authority to help you make

those decisions But ultimately the court

will allocate decision-making Authority

also based on a number of factors

including what’s in the best centers of

the children

Denver, CO family law attorney Chelsea Augelli talks parenting time and decision making under Colorado law. She explains that this is what I refer to as the “fake news” when it comes to the terminology used in custody or parenting time cases. In Colorado, we use the term “allocation of parental responsibilities” (APR) instead of custody, which can be confusing. APR means that the court determines and allocates parenting time to each parent based on the number of overnights they will spend with the child. The court considers about 12 factors related to the best interests of the child when making this allocation.

The term custody implies that one parent has primary custody, but in Colorado, it’s primarily based on the exercise of overnights. If both parents have an equal number of overnights, then the parenting time is considered equal. However, in certain cases, one parent may be designated as the primary parent if they have more parenting time.

Decision-making is another important aspect that parents often either overthink or underestimate. Major decisions such as medical care, religious upbringing, education, mental health, and dental care usually require joint decision-making by default. However, the court has the authority to allocate decision-making authority to one parent, granting them sole decision-making power. In such cases, that parent can make those decisions without consulting the other parent.

When parents have joint decision-making, they are expected to make decisions together. If they cannot reach an agreement, options like going to court or involving parenting coordinators and decision-makers may be considered. Ultimately, the court allocates decision-making authority based on various factors, always prioritizing the best interests of the children involved.

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