Agreement for Sole Allocation of Parental Responsibilities

AGREEMENT FOR SOLE 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 law does not use the terms "sole custody" or "visitation." Under C.R.S. § 14-10-123 et seq.:

• "Sole decision-making responsibility" replaces "sole legal custody" — one parent has exclusive authority to make major decisions
• "Primary residential parent" or "majority parenting time" replaces "physical custody" — the child(ren) reside primarily with one parent
• "Parenting time" replaces "visitation" — the other parent's scheduled time with the child(ren)

This Agreement uses Colorado's statutory terminology.

ARTICLE 1. PARTIES, CHILDREN, AND PROCEEDINGS

1.1 Parents

Parent With Sole Decision-Making Responsibility ("Primary Parent"):
Name: [________________________________]
Address: [________________________________]
County of Residence: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

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

1.2 Minor Child(ren)

1.3 Nature of Proceeding

☐ 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 is effective upon Court approval and entry of orders.

1.5 Parenting Education

Both parents shall complete a court-approved parenting education class prior to entry of orders.

☐ Primary Parent — Completed on [__/__/____]; Provider: [________________________________]
☐ Other Parent — Completed on [__/__/____]; Provider: [________________________________]

1.6 Basis for Sole Decision-Making

Sole decision-making responsibility is appropriate in this case because:

☐ The parents are unable to cooperate and make decisions jointly (C.R.S. § 14-10-124(1.5)(b)(I))

☐ The past pattern of involvement does not reflect a system of values and mutual support indicating ability to make joint decisions (C.R.S. § 14-10-124(1.5)(b)(II))

☐ A history of domestic violence, child abuse, or child neglect exists, triggering the C.R.S. § 14-10-124(4) presumption against joint decision-making

☐ Geographic distance between the parents makes joint decision-making impracticable

☐ One parent's prolonged absence, incapacity, or unavailability

☐ Other: [________________________________]

ARTICLE 2. SOLE DECISION-MAKING RESPONSIBILITY

2.1 Allocation

The Primary Parent shall have sole decision-making responsibility for the child(ren) in all four major areas recognized by Colorado law:

(a) Education: School enrollment, school changes, special education services (IEPs, 504 Plans), tutoring, educational testing, gifted and talented programs, grade retention or acceleration, and college planning.

(b) Health Care: Selection of primary care physicians, dentists, and specialists; non-emergency medical, dental, and vision care; ongoing medications; mental health treatment (therapy, counseling, psychiatric care); and elective medical procedures.

(c) Religious Upbringing: Religious education, enrollment in religious programs, and participation in religious ceremonies and observances.

(d) Extracurricular Activities: Enrollment in sports, music, arts, clubs, camps, and competitive programs.

2.2 Scope of Authority

The Primary Parent has final authority to make all major decisions in the child(ren)'s best interests. The Primary Parent:

☐ Shall inform the Other Parent of major decisions within a reasonable time
☐ Is encouraged (but not required) to solicit the Other Parent's input before making major decisions
☐ Shall provide the Other Parent with written notice of significant decisions within [____] days

2.3 Day-to-Day Decisions

Each parent has authority during his or her parenting time to make routine, day-to-day decisions including daily schedules, meals, bedtimes, homework supervision, discipline, and social activities.

2.4 Emergency Medical Decisions

Either parent may authorize emergency medical treatment when the child(ren) are in that parent's care and immediate action is necessary to prevent serious harm. The treating parent shall notify the other parent as soon as possible.

2.5 Domestic Violence Provisions (C.R.S. § 14-10-124(4))

☐ Not applicable in this case.

☐ The Court has found by a preponderance of the evidence that [________________________________] has committed domestic violence / child abuse / child neglect. Pursuant to C.R.S. § 14-10-124(4), the safety and well-being of the child(ren) and the abused party are the Court's primary concern. Joint decision-making is presumed not to be in the child(ren)'s best interests. Sole decision-making responsibility is allocated to [________________________________].

ARTICLE 3. PARENTING TIME

3.1 Primary Residence

The child(ren) shall reside primarily with the Primary Parent at [________________________________]. The child(ren) shall be enrolled in [________________________________] School/School District.

3.2 Other Parent's Parenting Time Schedule

Select the applicable schedule:

☐ Option A: Standard Parenting Time

• Alternating weekends: Every other weekend from Friday at [____] to Sunday at [____]
• Midweek: One evening per week ([________________________________]) from [____] to [____]
• Extended summer: [____] weeks during summer break with [____] days' advance written notice by May 1
• Holidays: Per the holiday schedule in Section 3.4

☐ Option B: Expanded Parenting Time

• Alternating weekends: Friday after school (or [____]) to Monday morning school drop-off (or [____])
• Midweek overnights: [________________________________] after school to [________________________________] morning school drop-off
• Extended summer: [____] weeks (consecutive or split) with 60 days' advance written notice
• Holidays: Per the holiday schedule in Section 3.4

☐ Option C: Restricted / Supervised Parenting Time (C.R.S. § 14-10-129.4)

Parenting time is restricted because unrestricted parenting time would endanger the child(ren)'s physical health or significantly impair their emotional development. Specific grounds:

[________________________________]
[________________________________]

Schedule:

• Frequency: [________________________________]
• Duration: [________________________________]

• Location: ☐ Supervised visitation center: [________________________________]
  ☐ In the presence of: [________________________________] (approved supervisor)

• Conditions: [________________________________]

Supervision Requirements:

☐ The Other Parent shall complete the following before supervision may be reduced or eliminated:

☐ Substance abuse evaluation and recommended treatment
☐ Domestic violence treatment program
☐ Anger management program
☐ Parenting classes (beyond the standard court-required class)
☐ Mental health evaluation and recommended treatment
☐ Clean drug/alcohol tests for a period of [____] months
☐ Other: [________________________________]

Review of Supervision: The parties agree to review supervision requirements every [____] months. The Other Parent may petition for modification of supervised parenting time upon demonstrating compliance with all conditions above.

☐ Option D: Custom Schedule

[________________________________]
[________________________________]

3.3 Exchange Logistics

Location:
☐ School (school-day exchanges)
☐ Primary Parent's residence
☐ Neutral public location: [________________________________]
☐ Supervised exchange location: [________________________________]
☐ Other: [________________________________]

Transportation:
☐ Other Parent is responsible for pick-up and drop-off
☐ Primary Parent provides transportation
☐ Shared: [________________________________]
☐ Other: [________________________________]

Punctuality: If a parent will be more than 15 minutes late, that parent shall notify the other immediately.

3.4 Holiday Schedule

Holidays supersede the regular parenting time schedule.

3.5 Right of First Refusal

☐ If the Primary Parent requires childcare for more than [____] hours, the Primary 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

4.1 Parent-Child Communication

The Primary Parent shall facilitate reasonable telephone/video communication between the Other Parent and the child(ren):

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

The Primary Parent shall ensure the child(ren) are available, provide a device with adequate connectivity, allow privacy, and not monitor or interfere with the conversation.

4.2 Parent-to-Parent Communication

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

Communications shall be respectful and child-focused.

4.3 Information Sharing

The Other Parent shall have the right to access directly from providers:

• School records, report cards, progress reports, and online portals
• Medical, dental, and mental health records
• Extracurricular activity schedules and information

The Primary Parent shall ensure the Other Parent is listed as an emergency contact and authorized to receive information from schools and healthcare providers.

The Primary Parent shall provide copies of report cards and significant medical information within [____] days of receipt.

4.4 Notification of Significant Events

The Primary Parent shall notify the Other Parent within 24 hours (or sooner if urgent) of:

• Serious illness, injury, or hospitalization
• Emergency room visits or emergency medical treatment
• School disciplinary actions
• Incidents involving law enforcement or the Department of Human Services
• Changes in address, telephone, or employment

ARTICLE 5. RELOCATION (C.R.S. § 14-10-129(2)(c))

5.1 Primary Parent Relocation

The Primary Parent may relocate within [________________________________] without the Other Parent's consent, provided [____] days' written notice is given.

Relocation outside of [________________________________] that would substantially change the geographic ties between the child(ren) and the Other Parent requires:
(a) Written consent of the Other Parent; OR
(b) Court approval after filing notice with the Court and the Other Parent.

5.2 Notice Contents

Notice of relocation shall include: new address, reason for move, proposed effective date, proposed revised parenting time schedule, and proposed transportation arrangements.

5.3 Priority Hearing

Per C.R.S. § 14-10-129(2)(c), a hearing on modification of parenting time due to relocation shall receive priority scheduling. The current schedule remains in effect until modified by Court order.

ARTICLE 6. COVENANTS AND RESTRICTIONS

6.1 Non-Disparagement

Neither parent shall make negative remarks about the other parent in the child(ren)'s presence or hearing, or allow others to do so. Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent.

6.2 Non-Interference

The Other Parent shall not interfere with the Primary Parent's decision-making authority or the child(ren)'s established routines and schedules.

6.3 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.

6.4 Firearms Safety

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

6.5 Return of Child(ren)

The Other Parent shall return the child(ren) to the Primary Parent at the scheduled time and location. Failure to return the child(ren) without reasonable cause constitutes a material breach and may result in contempt, restriction of parenting time, or other sanctions.

6.6 Compliance with Supervision Conditions (If Applicable)

☐ The Other Parent shall comply with all supervised parenting time requirements, including conditions, behavioral expectations, and supervisor or facility rules. Violation of supervision conditions may result in suspension of parenting time.

ARTICLE 7. FINANCIAL PROVISIONS

7.1 Child Support

☐ Child support is addressed in a separate order per 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

Primary Parent: [____]% / Other Parent: [____]%

Documentation provided within 30 days; reimbursement due within 30 days.

7.4 Extracurricular Costs

☐ Primary Parent decides enrollment; costs allocated: [________________________________]
☐ Other: [________________________________]

7.5 Tax Exemptions

☐ Primary Parent claims child(ren) each year.
☐ Alternating: [________________________________]
☐ Other: [________________________________]

ARTICLE 8. DISPUTE RESOLUTION

8.1 Mediation

Before filing any motion (except emergency motions), the parents shall participate in mediation with a qualified family mediator. Cost allocation: [________________________________].

8.2 CFI / PRE

Either parent may request Court appointment of:

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

8.3 Court Jurisdiction

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

8.4 Emergency Relief

Either parent may seek emergency relief to protect the child(ren)'s welfare without first completing mediation.

8.5 Attorney Fees

☐ Each parent bears his or her own fees.
☐ The prevailing parent in enforcement proceedings may recover reasonable fees, subject to Court discretion.

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

9.1 Standard for Modification

Parenting time may be modified upon a showing that modification is in the child(ren)'s best interests based on changed circumstances (C.R.S. § 14-10-129).

Decision-making responsibility may be modified under C.R.S. § 14-10-131.

9.2 Two-Year Restriction (C.R.S. § 14-10-129(1.5))

A motion to change the party with whom the child(ren) reside a majority of the time may not be filed within two years of a prior disposition on the same issue, unless the child(ren)'s present environment endangers their physical health or significantly impairs their emotional development.

9.3 Restriction of Parenting Time (C.R.S. § 14-10-129.4)

The Court shall not restrict parenting time unless it finds that the parenting time would endanger the child(ren)'s physical health or significantly impair the child(ren)'s emotional development. Any order restricting parenting time shall include specific factual findings supporting the restriction.

9.4 Modification by Agreement

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

ARTICLE 10. GENERAL PROVISIONS

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

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

10.3 Entire Agreement. This Agreement constitutes the entire understanding regarding allocation of parental responsibilities.

10.4 Counterparts. May be executed in counterparts and electronically.

10.5 Best Interests. All matters not addressed herein shall be resolved in the child(ren)'s best interests per C.R.S. § 14-10-124(1.5).

EXECUTION

Primary Parent:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Other Parent:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney for Primary Parent (if applicable):

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

Attorney for Other Parent (if applicable):

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

ORDER

THE COURT, having reviewed the foregoing Agreement and the factors in C.R.S. § 14-10-124(1.5), and having considered C.R.S. § 14-10-124(4) regarding domestic violence, finds:

☐ Sole decision-making responsibility to [________________________________] is in the child(ren)'s best interests.
☐ The parenting time schedule serves the child(ren)'s best interests.
☐ The child(ren)'s safety and well-being have been given paramount consideration.
☐ Both parents have completed court-approved parenting education.

☐ Parenting time restrictions are warranted because unrestricted parenting time would endanger the child(ren)'s physical health or significantly impair their emotional development. Specific factual findings: [________________________________]

IT IS ORDERED that this Agreement for Sole 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 best interest factors
• C.R.S. § 14-10-124(1.5)(b) — Decision-making responsibility factors
• C.R.S. § 14-10-124(4) — Domestic violence presumption against joint decision-making; safety as primary concern
• C.R.S. § 14-10-115 — Child support guidelines
• C.R.S. § 14-10-116.5 — Child and Family Investigator (CFI) — $2,750 fee cap
• C.R.S. § 14-10-127 — Parental Responsibilities Evaluator (PRE) — licensed mental health professional required
• 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. § 14-10-129.4 — Restriction of parenting time (endangerment standard; specific findings required)
• C.R.S. § 14-10-131 — Modification of decision-making responsibility
• C.R.S. § 14-13-101 et seq. — UCCJEA
• JDF 1413 — Petition for Allocation of Parental Responsibilities
• JDF 1422 — Order for Parental Responsibilities
• Colorado Judicial Branch Self-Help: https://www.coloradojudicial.gov/self-help-forms
• Colorado Judicial Branch — CFI/PRE: https://www.coloradojudicial.gov/self-help/child-family-investigator-cfi-parental-responsibility-evaluator-pre