Colorado Allocation of Parental Responsibilities: Nonparent Custody Guide

What Is an Allocation of Parental Responsibilities?

Colorado uses Allocation of Parental Responsibilities — APR for short — for family-court orders about who makes decisions for a child and where the child lives, though statutes and forms still use "custody" in some contexts. APR is governed by C.R.S. § 14-10-123 and filed in district court; the case type and division can depend on any existing case.

APR separates two kinds of authority. Decision-making responsibility covers major choices about education, medical care, and religion. Parenting time determines where the child physically lives. A court can award a nonparent relative sole or joint decision-making along with a specific parenting-time schedule.

For grandparents, aunts, uncles, and other relatives already raising a child, APR is one of the two main court routes — the other being minor guardianship under Title 15. The differences matter, and choosing the wrong one can cost time and money.

Standing: The 182-Day Rule and the Alternative

Before a court will hear your APR case on its merits, you must prove you have standing to file. C.R.S. § 14-10-123 provides two separate routes for nonparents — you only need to meet one:

Route 1 — Child not in a parent's physical care. If the child is not currently in either parent's physical care, a nonparent can petition immediately. There is no waiting period. This covers situations where a parent has left the child with a relative, is incarcerated, is in residential treatment, or is otherwise absent.

Route 2 — 182 days of physical care. If you have had physical care of the child for at least 182 days, you can file as long as you do so within 182 days after that care ends. This is a strict statutory deadline — miss it and you lose standing under this route.

Physical care under route 2 does not need to be uninterrupted or exclusive. The Colorado Court of Appeals has said courts should consider the nature, frequency, and duration of the nonparent's contacts with the child.

How APR Differs from Guardianship

Both APR and minor guardianship give a relative legal authority over a child, but they work differently:

Parental rights. Guardianship suspends parental rights during its operation. APR does not — parents keep their rights and can petition for modifications.

Child support. An APR petition asks the court to determine child support. The court can order both parents to pay support to the relative who has parenting time. Under guardianship, child support is possible but not automatic.

Court division. Guardianship goes through probate. APR goes through domestic relations. In counties with heavy domestic-relations dockets, the timelines and procedures can differ significantly.

Duration. Both usually last until the child turns 18; APR orders in qualifying Special Immigrant Juvenile cases may extend to age 21. The modification rules differ. APR modifications follow C.R.S. §§ 14-10-129 and 14-10-131, depending on whether parenting time or decision-making is being changed.

The Constitutional Hurdle

If a fit parent objects to your APR petition, the court gives special weight to the parent's determination. Before awarding parental responsibilities to a nonparent, the court must find clear and convincing evidence that the requested allocation is in the child's best interests.

Meeting standing is necessary but not sufficient. The court will independently evaluate whether allocating responsibilities to you serves the child's best interest.

Filing the Petition

The current nonparent APR petition form is JDF 1031. You will also need the Case Information Sheet (JDF 1000), a proposed parenting plan, and sworn financial statements. The filing fee for an APR petition is $252.

If the case involves a grandparent specifically, the Judicial Branch also provides JDF 1703, though the current standard form for nonparent custody filings is JDF 1031.

When APR Is the Better Choice

APR tends to be the better fit when you have cared for the child for more than 182 days and want to preserve the parents' child-support obligation, when an existing domestic-relations case is already open for this child, or when you want the family-law court's broader framework for parenting plans and decision-making.

If you need fast, comprehensive authority and the parent consents or is absent, minor guardianship is usually more straightforward.

The Colorado Guardianship and Custody Court Process Guide covers both pathways in detail — forms, fees, standing requirements, hearing preparation, and the step-by-step filing process.

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