CHILD CUSTODY (PARENTAL RESPONSIBILITIES) AND PARENTING PLAN AGREEMENT
(Colorado – Comprehensive Template)
[// GUIDANCE: This template is drafted to comply with Colorado law, including Colo. Rev. Stat. §§ 14-10-124 (best-interest factors), 14-10-129 (parenting-time modification), and 14-10-131 (relocation). Customize bracketed items and adjust section numbering as needed.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
1.1 Title and Parties
This Child Custody (Parental Responsibilities) and Parenting Plan Agreement (this “Agreement”) is entered into as of [Effective Date] (the “Effective Date”) by and between:
a. [Parent A Legal Name], residing at [Address], (“Parent A”); and
b. [Parent B Legal Name], residing at [Address], (“Parent B,” and together with Parent A, the “Parties,” and each individually, a “Party”).
1.2 Recitals
A. The Parties are the biological/legal parents of the minor child(ren) listed in Section 2.1.
B. An action for Allocation of Parental Responsibilities (“APR”) is pending or will be filed in the [District Court, County, Colorado] (the “Court”).
C. The Parties wish to resolve all issues relating to parental responsibilities, parenting time, decision-making authority, and related matters, consistent with the best interests of the child(ren) as required by Colo. Rev. Stat. § 14-10-124.
D. In consideration of the mutual covenants herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows.
II. DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below. Terms defined in the singular include the plural and vice versa.
“Agreement” has the meaning set forth in Section 1.1.
“Best-Interest Factors” means the statutory factors enumerated in Colo. Rev. Stat. § 14-10-124(1.5)(a), as may be amended.
“Child(ren)” means collectively the minor child(ren) of the Parties identified in Section 2.1, and individually, a “Child.”
“Court” has the meaning set forth in Recital B.
“Decision-Making Responsibility” means the authority to make major decisions concerning the Child(ren)’s health care, education, religious upbringing, and extracurricular activities.
“Holiday Schedule” means the schedule of parenting time during holidays set forth in Section 3.4.
“Parenting Time” means the in-person time each Party shall spend with the Child(ren) under Sections 3.2 through 3.4, including vacations, holidays, and special occasions.
“Relocation” means a proposed change of the primary residence of a Child that significantly impairs the other Party’s ability to exercise Parenting Time, as addressed in Colo. Rev. Stat. § 14-10-131.
[// GUIDANCE: Add additional defined terms (e.g., “Right of First Refusal,” “Parenting Coordinator”) as needed for your particular matter.]
III. OPERATIVE PROVISIONS
3.1 Identification of Child(ren)
| Name | Date of Birth | Current Residence |
|---|---|---|
| [Child 1 Full Name] | [DOB] | [City, CO] |
| [Child 2 Full Name] | [DOB] | [City, CO] |
| [Add rows as needed] |
3.2 Allocation of Decision-Making Responsibility
3.2.1 Joint Major Decision-Making. The Parties shall share joint Decision-Making Responsibility on all major issues unless otherwise specified.
3.2.2 Tie-Breaking Mechanism. If the Parties cannot reach agreement after good-faith discussion and mediation (if elected), Parent [ A / B ] shall have tie-breaking authority solely for [specify category, e.g., medical] decisions.
3.2.3 Day-to-Day Decisions. The parent exercising Parenting Time shall make routine day-to-day decisions.
3.3 Regular Parenting-Time Schedule
3.3.1 School-Year Schedule.
• Parent A: Every [weekday/weeknight] from [time] to [time] and alternating weekends commencing [day/time] and concluding [day/time].
• Parent B: All remaining periods not allocated to Parent A.
[// GUIDANCE: Provide clear pick-up/drop-off times, transportation responsibilities, and location.]
3.3.2 Summer Break. The Parties shall alternate two-week blocks commencing [date], with Parent A selecting first in even-numbered years and Parent B selecting first in odd-numbered years.
3.4 Holiday Schedule (Supersedes Regular Schedule)
| Holiday | Even-Numbered Years | Odd-Numbered Years |
|---|---|---|
| Thanksgiving (Wed 6 p.m. – Sun 6 p.m.) | Parent A | Parent B |
| Winter Break (First Half) | Parent B | Parent A |
| Winter Break (Second Half) | Parent A | Parent B |
| [// GUIDANCE: Add religious or cultural holidays as appropriate.] |
3.5 Vacations
Each Party shall have [two] non-consecutive weeks of uninterrupted vacation Parenting Time per calendar year with at least [30] days’ written notice to the other Party.
3.6 Transportation & Exchanges
a. Pick-Up/Drop-Off Location: [Specify neutral site/home/school].
b. Responsibility: The receiving parent shall provide transportation unless otherwise agreed.
c. Tardiness Grace Period: [15] minutes absent exigent circumstances.
3.7 Communication & Virtual Contact
Each Party shall facilitate reasonable, private electronic communication (e.g., phone, video) between the Child(ren) and the other Party not to exceed [30] minutes per day absent mutual consent.
3.8 Right of First Refusal
If a Party is unavailable to care for the Child(ren) for a period exceeding [XX] hours during his or her Parenting Time, that Party shall first offer the other Party the opportunity to care for the Child(ren) before arranging alternative childcare.
3.9 Relocation
a. Notice. A Party proposing Relocation shall provide the other Party with written notice at least [60] days prior, stating: (i) the new address; (ii) reason for Relocation; and (iii) proposed revised Parenting Time schedule, consistent with Colo. Rev. Stat. § 14-10-131(1).
b. Objection & Procedure. Within [21] days of receipt, the non-moving Party may file an objection with the Court. Pending resolution, the existing schedule remains in effect.
c. Good-Faith Negotiations. The Parties shall attempt mediation prior to Court determination unless excused for domestic-violence concerns.
3.10 Child Support
[// GUIDANCE: Insert or cross-reference a separate child-support agreement or state that child support shall be established pursuant to the Colorado Child Support Guidelines (Colo. Rev. Stat. § 14-10-115).]
3.11 Health Insurance & Unreimbursed Medical Costs
Parent [ A / B ] shall maintain health, dental, and vision insurance for the Child(ren). Unreimbursed costs shall be shared [percentage split] and paid within [30] days of receipt of documentation.
3.12 Tax Dependency Exemptions
Commencing tax year [YYYY], Parent [ A / B ] shall be entitled to claim the [Oldest Child] as a dependent in even-numbered years; the other Parent shall claim said Child in odd-numbered years, provided the claiming Parent is current on child support as of December 31 of the applicable year.
IV. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Party represents that he or she is of legal age, has full legal capacity, and is not subject to any order or agreement that would conflict with this Agreement.
4.2 Full Disclosure. Each Party represents that all information provided concerning the Child(ren)’s welfare, health, and schooling is accurate and complete.
4.3 No Restrictive Orders. Each Party represents that there are no active restraining or protection orders that prohibit compliance with this Agreement, other than those disclosed in [Schedule 4.3].
4.4 Survival. The representations and warranties in this Article IV shall survive execution and Court approval of this Agreement.
V. COVENANTS & RESTRICTIONS
5.1 Best-Interest Covenant. Each Party shall place the Child(ren)’s best interests paramount, consistent with the Best-Interest Factors.
5.2 Non-Disparagement. Neither Party shall disparage the other in the presence or hearing of the Child(ren) or allow third parties to do so.
5.3 Information Sharing. Each Party shall provide the other with timely access to academic records, medical records, and extracurricular information.
5.4 Substance Use. No Party shall consume alcohol or controlled substances to impairment during Parenting Time or within [12] hours prior to commencement thereof.
5.5 Firearm Safety. Any firearms in a Party’s possession shall be stored unloaded in a locked container with ammunition stored separately.
5.6 Relocation Compliance. Each Party shall comply strictly with Section 3.9.
5.7 Notice of Significant Events. Each Party shall notify the other within [24] hours of any emergency medical treatment or significant school or behavioral issues.
VI. DEFAULT & REMEDIES
6.1 Events of Default
a. Willful violation of Parenting Time or Decision-Making provisions.
b. Failure to provide required notices under Section 3.9 or Article V.
c. Interference with the Child(ren)’s relationship with the other Party.
d. Material breach of any covenant herein.
6.2 Notice & Cure
The non-defaulting Party shall give written notice specifying the default. The defaulting Party shall have [7] days to cure, or [48] hours in emergencies involving the Child(ren)’s safety.
6.3 Graduated Remedies
a. Mediation: Mandatory prior to Court filing unless immediate harm alleged.
b. Court Enforcement: The non-defaulting Party may seek contempt, make-up Parenting Time under Colo. Rev. Stat. § 14-10-129.5, attorney fees, and any other relief.
c. Injunctive Relief: Either Party may petition the Court for temporary or permanent injunctions to protect the Child(ren)’s welfare or maintain the status quo.
6.4 Attorney Fees
The prevailing Party in any enforcement action shall be awarded reasonable attorney fees and costs, subject to Court approval.
VII. RISK ALLOCATION
7.1 Indemnification – Child Welfare Priority
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and the Child(ren) from any losses, damages, or liabilities arising out of the Indemnifying Party’s willful misconduct, criminal acts, or violation of this Agreement that materially endangers the welfare of the Child(ren).
7.2 Limitation of Liability
Not applicable; no limitation shall restrict the Court’s authority to act in the Child(ren)’s best interests.
7.3 Insurance
Each Party shall maintain homeowners or renters insurance with personal-liability coverage of not less than [$100,000] per occurrence.
7.4 Force Majeure
Parenting Time impeded by Force Majeure Events (e.g., blizzard-induced road closures) shall be rescheduled promptly and in good faith.
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-law principles.
8.2 Forum Selection
The District Court for [County], Colorado shall retain exclusive jurisdiction, subject to the Uniform Child-Custody Jurisdiction and Enforcement Act.
8.3 Mediation
Except for emergencies or where domestic violence is alleged, the Parties shall attempt to resolve disputes through mediation with a mediator mutually selected or appointed by the Court.
8.4 Limited Arbitration
Issues not directly affecting physical custody or Parenting Time (e.g., allocation of extracurricular costs) may, by mutual written consent, be submitted to binding arbitration under Colo. Rev. Stat. § 13-22-201 et seq. The arbitrator’s award shall be subject to judicial review to the extent permitted by law.
8.5 Jury Waiver
Not applicable; actions concerning parental responsibilities are determined by the Court without a jury.
8.6 Injunctive Relief
Nothing herein shall limit either Party’s right to seek injunctive relief or an expedited hearing to modify parental responsibilities where the Child(ren)’s welfare is at risk.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver
No amendment or waiver of any provision shall be valid unless in writing, signed by both Parties, and approved by the Court.
9.2 Assignment
Parental responsibilities are personal and non-assignable.
9.3 Successors & Assigns
This Agreement binds the Parties, their heirs, and legal representatives.
9.4 Severability
If any provision is held invalid, the remaining provisions shall remain enforceable. The Court is requested to reform any invalid provision to comply with applicable law while preserving intent.
9.5 Integration
This Agreement constitutes the entire understanding of the Parties regarding its subject matter and supersedes all prior agreements.
9.6 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each deemed an original, and transmitted electronically pursuant to C.R.S. § 24-71.3-101 et seq.
9.7 Headings
Headings are for convenience only and shall not affect interpretation.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written above.
| Parent A | Parent B |
|---|---|
| _______ | _______ |
| [Parent A Name] | [Parent B Name] |
| Date: ___ | Date: ___ |
NOTARY ACKNOWLEDGMENT (Optional but recommended)
State of Colorado
County of [__]
Subscribed and sworn before me on this ___ day of ____, 20__, by [Parent A Name] and [Parent B Name].
Notary Public
My commission expires: ____
[// GUIDANCE: Attach required parenting class certificates, domestic violence affidavits, or disclosures as exhibits per local rule. File this Agreement with JDF 1113 (Colorado Parenting Plan) if the Court requires.]