F.  Allocation of Parenting Time and Parental Responsibility

C.R.S. § 19-4-130
The court must enter, as soon as practical, temporary or permanent orders allocating parenting time and decision-making responsibility for the child.

C.R.S. § 14-10-124(3)
In determining parenting time or allocation of parental responsibilities, the court may not presume either parent, because of that parent’s sex, is better able to serve the best interests of the child.

C.R.S. § 14-10-124(8)
Mediation may be useful to assist the parties in formulating or modifying a parenting plan. The parties may also be asked to fill out a proposed parenting plan prior to the hearing.

People in the Interest of E.L.M.C.,  100 P.3d 546 (Colo. App. 2004)
A non-parent who qualified as a psychological parent may seek parental responsibilities.
C.R.S. § 14-10-124
1.  Parenting Time

The court may determine parenting time based upon the best interests of the child.  The court should consider:

  • The wishes of the parents;
  • The wishes of the child if he or she is old enough to express reasoned and independent preferences;
  • The interaction and relationship of the child with his or her parents, siblings, and other persons;
  • The child’s adjustment to his or her home, school, and community;
  • The mental and physical health of the people involved;
  • The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
  • Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
  • The physical proximity of the parties to each other;
  • Whether credible evidence indicates that one of the parties has been a perpetrator of child abuse or neglect;
  • Whether credible evidence indicates that one of the parties has been a perpetrator of spouse abuse; and
  • The ability of each party to place the needs of the child above his or her own.
C.R.S. § 14-10-124
2.  Parental Responsibilities

The court may allocate parental responsibilities based upon the best interests of the child. The court should consider:

  • The factors relating to parenting time;
  • Credible evidence of the ability of the parties to cooperate and make joint decisions regarding the child;
  • Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;
  • Whether an allocation of mutual decision-making responsibility on any one of a number of issues will promote more frequent or continuing contact between the child and each party;
  • Whether credible evidence indicates that one of the parties has been a perpetrator of child abuse or neglect; and
  • Whether credible evidence indicates that one of the parties has been a perpetrator of spouse abuse.