Article Summary
Every Colorado family law case involving children requires a parenting plan, but a plan that satisfies the court’s minimum requirements is not the same as a plan that actually works once the case is closed. Many parents leave court with a document that reads well in the abstract and falls apart on the first contested holiday, the first schedule change, or the first disagreement over a school decision. As a child custody attorney in Denver, CO, we see the same handful of missing clauses and vague language cause the same conflicts, year after year, in cases that could have been resolved at the drafting stage.
This guide walks through what Colorado law requires in a parenting plan, the specific clauses that separate a plan that holds up from one that generates repeat trips to court, the most common drafting pitfalls we see in contested and uncontested cases alike, and how to build a plan flexible enough to survive the years between now and your child’s eighteenth birthday. The goal isn’t just legal compliance. It’s a plan detailed enough to reduce conflict and adaptable enough to handle the changes every family goes through.
For parents currently negotiating a parenting plan, or revisiting one that isn’t working, the sections below are meant to function as a practical checklist as much as an explanation.
What Does Colorado Law Require in a Parenting Plan?
Colorado law requires every case involving minor children, whether it’s part of a divorce or a standalone allocation of parental responsibilities action, to include a written parenting plan addressing decision-making responsibility, a parenting time schedule, and a process for resolving future disagreements. Under C.R.S. § 14-10-124, courts evaluate every provision of a parenting plan according to the best interests of the child standard, not the preferences of either parent.
The statute lists specific factors courts weigh in reaching that standard, including each parent’s ability to encourage the child’s relationship with the other parent, each parent’s past involvement in the child’s care, the child’s adjustment to home and school, the geographic proximity of the parents’ homes, and any history of domestic violence or abuse. A parenting plan that ignores these factors, or that simply restates them without translating them into specific terms, tends to satisfy the court’s filing requirement without actually preventing conflict.
As a child custody attorney in Denver, CO, our office treats the statutory minimum as a floor, not a ceiling. We’ve reviewed plans that say a parent will have “reasonable parenting time” with no further detail. That single phrase has ended up back in front of a judge more often than almost any other drafting shortcut we’ve seen, because “reasonable” means something different to each parent the moment there’s a disagreement.
A plan that meets the statute and reflects your family’s actual routine starts with the parenting plan process done right the first time.
What Clauses Should Every Colorado Parenting Plan Include?
A parenting plan built to hold up needs, at minimum, a clear decision-making allocation, a specific parenting time schedule that covers regular weeks, holidays, and school breaks, a transportation and exchange protocol, a communication method between parents, a right of first refusal provision, and a defined process for resolving disagreements without returning to court. Missing any one of these categories is what typically turns a workable plan into a source of recurring disputes.
Decision-making allocation should state plainly whether each parent has joint or sole authority over education, healthcare, and religious upbringing, and what happens if joint decision-makers disagree. The parenting time schedule needs actual dates and times, not general descriptions, including start and end times for exchanges and a specific holiday rotation. A right of first refusal clause, which gives one parent the option to care for the child before the other parent uses paid childcare during their own parenting time, prevents a common and avoidable source of tension.
Family structures in the United States have changed substantially over the past several decades. According to Pew Research Center, the share of adults ages 25 to 49 living with a spouse and children has dropped from 67% in 1970 to 37% today, with a corresponding rise in unmarried and co-parenting households. That shift means fewer families can rely on informal, unwritten understandings, and more families need a plan that spells out the specifics because there’s no shared household routine to fall back on.
We recently worked with a Denver father whose original plan said only that “holidays will be split evenly.” Neither parent could agree on what that meant for a five-day winter break, and they ended up in mediation over a schedule that a specific rotation clause would have resolved from the start. Our child custody team builds these specifics into every plan we draft.
What Are the Most Common Parenting Plan Pitfalls That Lead to Future Conflict?
The most common pitfalls in Colorado parenting plans are vague scheduling language, the absence of a dispute resolution clause, silence on relocation, and failing to address how new partners are introduced to the child. Each of these gaps looks minor at the time the plan is signed and becomes a significant source of conflict within the first year or two.
Vague language, phrases like “flexible schedule” or “as agreed upon,” works only as long as both parents continue to agree. The moment one parent’s job, relationship, or living situation changes, that flexibility becomes a fight. A plan without a defined dispute resolution process, such as a requirement to attempt mediation before filing a motion, sends parents straight to court for disagreements that a structured conversation could have resolved. When a case does escalate to a contested dispute, the court may appoint a Child and Family Investigator or Parental Responsibilities Evaluator to make a recommendation, a process that the Colorado Judicial Branch outlines as part of family law self-help resources, and one that takes months and adds real cost for both parents.
Relocation is another gap we see constantly. A plan silent on relocation leaves both parents guessing about notice requirements and legal standards if one parent wants to move, which is exactly the kind of dispute that benefits from being addressed before it happens rather than during a crisis. We worked with a Summit County mother whose plan didn’t address relocation at all; when her co-parent’s employer offered a transfer to Texas eighteen months later, the silence in the plan turned a logistical question into litigation.
Building a plan that anticipates these issues, rather than reacting to them after they arise, is the difference between a plan that prevents conflict and one that documents it. Many of these pitfalls can be resolved constructively through mediation before they ever become a filed motion.
Can a Parenting Plan Be Changed Later, and How Do You Build in Flexibility Now?
Yes, Colorado courts can modify a parenting plan’s schedule or decision-making terms when there has been a substantial and continuing change in circumstances since the last order, but you can reduce how often you need that process by building reasonable flexibility into the plan from the start. A plan doesn’t need to anticipate every possible future event, but it should include built-in review points and a clear process for handling foreseeable changes like a child aging into a different school schedule.
Colorado law, under Title 14, Article 10 of the Colorado Revised Statutes, allows modification of parenting time and decision-making responsibility when circumstances change materially and the modification serves the child’s best interests. This standard exists precisely because family circumstances aren’t static. A plan that includes provisions for automatic schedule adjustments as a child gets older, or language addressing how extracurricular activities will be handled without requiring a new court filing, gives both parents room to adapt without going back to litigation every time something shifts.
A well-drafted plan also distinguishes between changes that require a return to court and changes both parents can agree to informally, ideally in writing. We drafted a plan for a Denver family that included a built-in review clause when their child started kindergarten, allowing both parents to revisit the weekday schedule without a new filing. That single clause avoided what would otherwise have been a modification petition eighteen months into the case.
If your current plan doesn’t reflect how your family actually operates today, or you’re building one for the first time, contact our office to talk through what needs to change.
What Do Parents Ask a Denver Child Custody Attorney About Parenting Plans?
Q: Does Colorado require a parenting plan in every custody case? A: Yes. Every Colorado case involving minor children, whether filed as part of a divorce or as a standalone allocation of parental responsibilities action, requires a written parenting plan addressing decision-making and parenting time before the court will enter final orders.
Q: What happens if my ex and I can’t agree on a parenting plan? A: Colorado generally requires parties to attempt mediation before a contested hearing. If mediation doesn’t resolve every issue, the court may appoint a Child and Family Investigator or Parental Responsibilities Evaluator to make a recommendation, and a judge decides any remaining disputes at a permanent orders hearing.
Q: Can a parenting plan address how a child is introduced to a new partner? A: Yes. Many plans include a clause requiring a waiting period or advance notice before introducing a new romantic partner to the child. This isn’t required by statute, but it’s one of the most requested clauses we draft because it prevents a genuinely common source of conflict.
Q: How often can a parenting plan be modified? A: There’s no fixed limit, but Colorado courts require a substantial and continuing change in circumstances to modify parenting time or decision-making responsibility, and frequent, minor modification requests without a material change are unlikely to succeed.
Q: Do I need an attorney to write a parenting plan, or can I use a template? A: Colorado allows parties to represent themselves, and generic templates are available. Whether that’s advisable depends on your situation. Templates tend to use the same vague language that causes the pitfalls described above; an attorney can tailor the specific clauses your family actually needs.
Ready to Build a Parenting Plan That Actually Works?
A parenting plan is one of the only legal documents most parents will live under for the next decade or more. Getting the clauses right the first time, and avoiding the pitfalls that generate conflict later, is worth more than the time it takes to get it right at the drafting stage.
At Lewis & Matthews, P.C., we draft parenting plans for Denver-area families that go beyond the statutory minimum and reflect how your family actually functions. If you’re negotiating a new parenting plan or need to revisit one that isn’t working, call (303) 329-3802 or contact us online to speak with a child custody attorney in Denver, CO.
