Stipulated Agreement for Joint Allocation of Parental Responsibilities

STIPULATED AGREEMENT FOR JOINT ALLOCATION OF PARENTAL RESPONSIBILITIES

State of Colorado — District Court

[________________________________] County

Case Number: [________________________________]

Division/Courtroom: [____]

☐ In re the Marriage/Civil Union of: [________________________________] and [________________________________]

☐ In re the Parental Responsibilities Concerning: [________________________________] (Child/ren)

COLORADO TERMINOLOGY NOTICE

Colorado does not use the terms "joint custody" or "visitation." Under Colorado law (C.R.S. § 14-10-123 et seq., effective 1999):

• "Allocation of Parental Responsibilities" replaces "custody"
• "Parenting time" replaces "visitation"
• "Joint decision-making responsibility" replaces "joint legal custody"
• "Approximately equal parenting time" replaces "joint physical custody"

This Agreement uses Colorado's statutory terminology.

ARTICLE 1. PARTIES AND CHILDREN

1.1 Parents

Parent A:
Name: [________________________________]
Address: [________________________________]
County of Residence: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Parent B:
Name: [________________________________]
Address: [________________________________]
County of Residence: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

1.2 Minor Child(ren)

1.3 Nature of Proceeding

This Stipulated Agreement is filed in connection with:

☐ Petition for Dissolution of Marriage (JDF 1101)
☐ Petition for Allocation of Parental Responsibilities (JDF 1413)
☐ Petition for Legal Separation
☐ Modification of existing orders (Case No. [________________________________])

1.4 Effective Date

This Agreement shall become effective upon approval and incorporation into the Court's orders.

1.5 Parenting Education Compliance

Both parents have completed or will complete a court-approved parenting education class prior to entry of orders:

☐ Parent A — Completed on [__/__/____]; Provider: [________________________________]
☐ Parent B — Completed on [__/__/____]; Provider: [________________________________]

ARTICLE 2. JOINT DECISION-MAKING RESPONSIBILITY

2.1 Allocation

The parents agree to share joint decision-making responsibility for the child(ren) in the following areas pursuant to C.R.S. § 14-10-124(1.5)(b):

Education: ☐ Joint Decision-Making
Including school enrollment, school changes, special education (IEPs, 504 Plans), tutoring, educational testing, gifted programs, and college planning.

Health Care: ☐ Joint Decision-Making
Including selection of primary care physicians, dentists, specialists, non-emergency medical procedures, ongoing medications, mental health treatment (therapy, counseling, psychiatric care), and elective procedures.

Religious Upbringing: ☐ Joint Decision-Making
Including religious education, enrollment in religious instruction programs, and participation in religious ceremonies and observances.

Extracurricular Activities: ☐ Joint Decision-Making
Including enrollment in sports, music, arts, clubs, camps, and competitive programs, considering time commitment, cost, and impact on the parenting time schedule.

2.2 Decision-Making Protocol

(a) Initiating a Decision. The parent identifying the need for a decision shall notify the other parent in writing (email or co-parenting application) with relevant information and a proposed course of action.

(b) Response. The other parent shall respond within [____] business days with agreement, questions, or an alternative proposal.

(c) Discussion. If the parents disagree, they shall discuss the matter in good faith, with the child(ren)'s best interests as the paramount concern. Both parents may attend relevant meetings (school conferences, medical appointments) and speak directly with providers.

(d) Impasse. If the parents cannot reach agreement within [____] days:

☐ The dispute shall be submitted to a Parenting Coordinator (if appointed) for recommendation or binding decision on implementation issues.
☐ The dispute shall be submitted to mediation before either parent may file a motion with the Court.
☐ Parent [____] shall have temporary authority to make the decision pending resolution through mediation or Court order, for the following area(s): [________________________________].

(e) Emergency Exception. The parent with the child(ren) may authorize emergency medical treatment when delay would endanger the child(ren)'s health. That parent shall notify the other parent as soon as possible.

2.3 Suitability for Joint Decision-Making (C.R.S. § 14-10-124(1.5)(b))

In allocating joint decision-making, the Court considers:

• The ability of the parties to cooperate and make decisions jointly
• Whether the past pattern of involvement reflects mutual support and positive relationships
• Whether joint decision-making will promote frequent and continuing contact

The parents represent that they are able to communicate effectively and cooperate in the child(ren)'s best interests, and that joint decision-making is appropriate in this case.

2.4 Domestic Violence Certification (C.R.S. § 14-10-124(4))

C.R.S. § 14-10-124(4) creates a presumption that joint decision-making responsibility is NOT in the child(ren)'s best interests when a party has committed domestic violence, child abuse, or child neglect.

☐ Neither parent has committed domestic violence, child abuse, or child neglect. The C.R.S. § 14-10-124(4) presumption does not apply.

☐ Notwithstanding the existence of [________________________________], the Court has determined that the parties are able to make decisions cooperatively in the child(ren)'s best interests in a manner safe for the abused party and the child(ren), thereby overcoming the presumption.

ARTICLE 3. PARENTING TIME

3.1 Guiding Principle

Colorado law recognizes that it is in the child(ren)'s best interests to have frequent and continuing contact with both parents (C.R.S. § 14-10-124(1.5)(a)). This schedule is designed to provide approximately equal parenting time.

3.2 Regular Parenting Time Schedule

☐ Week-On / Week-Off:
Parent A: [________________________________] at [____] through [________________________________] at [____]
Parent B: Alternating week on the same schedule.

☐ 2-2-3 Rotation:
Monday-Tuesday overnights: Parent [____]
Wednesday-Thursday overnights: Parent [____]
Friday through Sunday overnights: Alternating (Parent A Week 1; Parent B Week 2)

☐ 5-2-2-5 Rotation:
Monday-Tuesday overnights: Parent [____] (every week)
Wednesday-Thursday overnights: Parent [____] (every week)
Friday through Monday: Alternating

☐ Custom Schedule:
[________________________________]
[________________________________]

3.3 Exchange Details

Location:
☐ School (school-day exchanges)
☐ [________________________________] (neutral location)
☐ Receiving parent's residence
☐ Other: [________________________________]

Transportation:
☐ Receiving parent picks up
☐ Delivering parent drops off
☐ Shared equally
☐ Other: [________________________________]

Punctuality: If a parent will be more than 15 minutes late, that parent shall notify the other immediately. Repeated lateness without reasonable excuse (more than three instances in 60 days) constitutes a material breach.

3.4 Holiday Schedule

Holidays supersede the regular schedule. The parents shall alternate as follows:

3.5 Summer Vacation

Each parent shall have [____] weeks of uninterrupted vacation time with the child(ren) during summer break.

• Written notice of vacation dates shall be provided by May 1 each year.
• If both parents request overlapping dates, Parent [____] shall have first choice in even years and Parent [____] in odd years.
• The non-vacationing parent shall have telephone/video contact with the child(ren) at reasonable times during the vacation.

3.6 Right of First Refusal

☐ If either parent requires childcare for more than [____] consecutive hours during his or her parenting time, that parent shall first offer the time to the other parent. The other parent shall respond within [____] hours.

☐ No right of first refusal.

ARTICLE 4. COMMUNICATION AND INFORMATION SHARING

4.1 Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through:
☐ Email ☐ Co-parenting app ([________________________________]) ☐ Text ☐ Phone

Communications shall be respectful, child-focused, and business-like. Each parent shall respond to non-emergency communications within [____] hours.

4.2 Parent-Child Contact During Other Parent's Time

The parent not exercising parenting time may have telephone/video contact with the child(ren):

☐ Daily at approximately [____] for up to [____] minutes
☐ At reasonable times as mutually agreed
☐ Other: [________________________________]

4.3 Access to Records and Providers

Both parents shall have independent, direct access to school records, medical records, and extracurricular information. Each parent shall ensure the other is listed as an authorized contact with all schools, healthcare providers, and activity coordinators.

4.4 Notification Requirements

Each parent shall promptly notify the other of:

• Serious illness, injury, hospitalization, or emergency treatment
• School disciplinary actions
• Incidents involving law enforcement or the Department of Human Services
• Changes in address, telephone number, or employment
• Introduction of a significant new partner to the child(ren)

ARTICLE 5. COVENANTS

5.1 Non-Disparagement and Anti-Alienation

Neither parent shall make negative remarks about the other parent in the child(ren)'s presence or hearing, allow others to do so, interrogate the child(ren) about the other parent's household, or share age-inappropriate information about court proceedings or adult disputes.

5.2 Cooperation

Both parents shall actively support the child(ren)'s relationship with the other parent and cooperate in implementing this Agreement.

5.3 Substance Use

Neither parent shall consume alcohol to impairment or use controlled substances (other than as lawfully prescribed) during parenting time or within [____] hours before parenting time begins.

5.4 Firearms Safety

All firearms shall be stored unloaded and locked, with ammunition stored separately, inaccessible to the child(ren), in compliance with Colorado law.

5.5 Consistency

Both parents shall make reasonable efforts to maintain consistency in homework expectations, discipline, bedtimes, and screen time limits.

5.6 New Partners

☐ Neither parent shall introduce a romantic partner to the child(ren) until the relationship has been exclusive for at least [____] months.

☐ No restriction, but parents shall be sensitive to the child(ren)'s adjustment and provide [____] days' notice to the other parent.

ARTICLE 6. RELOCATION (C.R.S. § 14-10-129(2)(c))

6.1 Notice

A parent intending to relocate with the child(ren) to a location that would substantially change the geographic ties between the child(ren) and the other parent shall provide written notice to the other parent and the Court at least [____] days before the proposed relocation. The notice shall include the new address, reason for the move, proposed revised parenting time schedule, and proposed transportation arrangements.

6.2 Objection and Hearing

If the non-relocating parent objects within [____] days, the matter shall be submitted first to mediation. If mediation fails, either parent may petition the Court. The hearing shall receive priority scheduling per C.R.S. § 14-10-129(2)(c). The current schedule remains in effect until modified by Court order.

ARTICLE 7. FINANCIAL PROVISIONS

7.1 Child Support

☐ Child support is addressed in a separate order pursuant to C.R.S. § 14-10-115.

☐ [________________________________]

7.2 Health Insurance

Parent [____] shall maintain health, dental, and vision insurance for the child(ren).

7.3 Unreimbursed Medical Expenses

Expenses not covered by insurance shall be shared:
Parent A: [____]% / Parent B: [____]%

Documentation shall be provided within 30 days; reimbursement due within 30 days of receipt.

7.4 Extracurricular Costs

☐ Shared equally
☐ Proportional: Parent A [____]% / Parent B [____]%
☐ Enrolling parent bears cost unless other parent agrees in advance
☐ Other: [________________________________]

7.5 Tax Exemptions

☐ Alternating: Parent [____] claims in even years; Parent [____] in odd years
☐ Parent [____] claims each year
☐ Split among children: [________________________________]

ARTICLE 8. DISPUTE RESOLUTION

8.1 Good-Faith Negotiation

Parents shall first attempt to resolve disagreements through respectful, direct communication.

8.2 Mediation

If negotiation fails, the parents shall participate in mediation with a qualified family mediator before filing any motion with the Court (except emergency motions). Costs shall be shared: [________________________________].

8.3 Parenting Coordinator

☐ The parents agree to retain a Parenting Coordinator.
Name: [________________________________]
Authority: ☐ Advisory ☐ Binding on implementation disputes
Fee allocation: [________________________________]

☐ No Parenting Coordinator at this time.

8.4 CFI / PRE

Either parent may request the Court to appoint:

• A Child and Family Investigator (CFI) under C.R.S. § 14-10-116.5 (fees capped at $2,750 per party)
• A Parental Responsibilities Evaluator (PRE) under C.R.S. § 14-10-127 (must be a licensed mental health professional; no statutory fee cap)

8.5 Court Jurisdiction

The District Court of [________________________________] County, Colorado, retains continuing, exclusive jurisdiction pursuant to the UCCJEA (C.R.S. § 14-13-101 et seq.).

8.6 Attorney Fees

☐ Each parent bears his or her own fees.
☐ The parent who necessitates Court intervention through willful violation of this Agreement may be ordered to pay the other parent's reasonable attorney fees.

ARTICLE 9. MODIFICATION (C.R.S. § 14-10-129)

9.1 By Agreement

This Agreement may be modified by written agreement of both parents, filed with the Court.

9.2 By Court Order

Either parent may petition to modify parenting time upon a showing that modification is in the child(ren)'s best interests based on changed circumstances. The two-year restriction in C.R.S. § 14-10-129(1.5) applies to motions seeking to change the party with whom the child(ren) reside a majority of the time, absent a showing of endangerment.

9.3 Periodic Review

The parents agree to review this Agreement periodically and modify it as necessary to meet the child(ren)'s changing developmental needs.

ARTICLE 10. GENERAL PROVISIONS

10.1 Governing Law. This Agreement is governed by Colorado law, including C.R.S. § 14-10-101 et seq.

10.2 Severability. If any provision is found unenforceable, the remaining provisions remain in effect.

10.3 Entire Agreement. This Agreement constitutes the entire understanding regarding allocation of parental responsibilities, superseding all prior agreements.

10.4 Counterparts. This Agreement may be executed in counterparts and by electronic signature.

10.5 Best Interests. In all matters not addressed herein, the parents shall act in the child(ren)'s best interests per C.R.S. § 14-10-124(1.5).

EXECUTION

Parent A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Parent B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney for Parent A (if applicable):

Signature: _________________________________
Name / Colorado Atty. Reg. No.: [________________________________]

Attorney for Parent B (if applicable):

Signature: _________________________________
Name / Colorado Atty. Reg. No.: [________________________________]

ORDER

THE COURT, having reviewed the foregoing Stipulated Agreement and the factors set forth in C.R.S. § 14-10-124(1.5), and having determined that:

☐ Joint decision-making responsibility is in the child(ren)'s best interests.
☐ The parenting time schedule serves the child(ren)'s best interests.
☐ The agreement complies with C.R.S. § 14-10-124(4) regarding domestic violence.
☐ Both parents have completed a court-approved parenting education class.

IT IS ORDERED that this Stipulated Agreement for Joint Allocation of Parental Responsibilities is APPROVED and incorporated into the Court's orders.

Date: [__/__/____]

_________________________________
District Court Judge
[________________________________] County District Court
State of Colorado

SOURCES AND REFERENCES

• C.R.S. § 14-10-123 — Commencement of proceedings concerning allocation of parental responsibilities
• C.R.S. § 14-10-124 — Best interests of the child
• C.R.S. § 14-10-124(1.5)(a) — Parenting time factors
• C.R.S. § 14-10-124(1.5)(b) — Decision-making responsibility factors (cooperation, past involvement, promotion of contact)
• C.R.S. § 14-10-124(4) — Domestic violence presumption against joint decision-making
• C.R.S. § 14-10-115 — Child support guidelines
• C.R.S. § 14-10-116.5 — Child and Family Investigator (CFI) appointment and $2,750 fee cap
• C.R.S. § 14-10-127 — Parental Responsibilities Evaluator (PRE) qualifications and appointment
• C.R.S. § 14-10-129 — Modification of parenting time
• C.R.S. § 14-10-129(1.5) — Two-year restriction on changing majority residential parent
• C.R.S. § 14-10-129(2)(c) — Relocation provisions and priority scheduling
• C.R.S. § 14-10-131 — Modification of decision-making responsibility
• C.R.S. § 14-13-101 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• C.R.C.P. 16.2 — Case management in domestic relations cases
• JDF 1413 — Petition for Allocation of Parental Responsibilities
• Colorado Judicial Branch Self-Help: https://www.coloradojudicial.gov/self-help-forms
• Colorado Judicial Branch — CFI/PRE Information: https://www.coloradojudicial.gov/self-help/child-family-investigator-cfi-parental-responsibility-evaluator-pre