In Colorado, the terms child custody and visitation have been phased-out by the courts and are rarely used. Instead, the terms custody and visitation are referred to collectively as the Allocation of Parental Responsibilities or "APR" for short. APR is broken down into two primary rights in Colorado: decision-making responsibilities and parenting time.

Decision-making responsibilities in Colorado include most "major" decisions a parent or parents make for their children. Sometimes, one parent is allocated certain major decisions and the other parent is allocated other major decisions. Other times, the parents make the major decisions jointly or the court allocates all decision-making responsibilities a sole parent. If the court finds that a parent has committed domestic violence or child abuse, it can be difficult for the perpetrating parent to obtain an allocation of decision-making responsibilities. Often, charges of domestic violence are trumped-up by one parent to gain an advantage in this area. This type of conduct can have adverse consequences on the best interest of children. Therefore, it is imperative that false allegations be vigorously defended against when they are brought. Likewise, when serious domestic violence and child abuse has occurred, it is important that the victimized spouse litigate these issues while the issues are fresh so that the victimized parent will not have to negotiate issues concerning the children with an abusive parent. The attorneys at Antolinez Miller, LLC are well-qualified to assist clients in determining what type of decision-making would be most appropriate for his or her particular case.

For the most part, "major" decisions include the choice of school and/or day care provider, decisions as to religion, choice of health care providers, decisions as to major medical, dental and mental health issues, decisions as to a child obtaining a driver license, and decisions as to moving out-of-state with a child. It is important to have the court define "major" decisions in the event of a future disagreement between the parents. Some issues, such as the choice of medical coverage, are very important and often left undefined by the courts. These sort of decisions need to be carefully delineated through a well-crafted "parenting plan" or a specific court order. Often times, it is too late to do address the same once a disagreement arises. Therefore, it is important to do this at the time these matters are initially decided by the court.

In Colorado, parenting time is afforded to both parents based upon the best interest of the minor children. Parenting time can be allocated between the parents equally or the court can designate one parent as the primary residential parent. For the most part, many lay persons and attorneys alike falsely assume the courts of Colorado give both parents equal parenting time. While 50‑50 arrangements can be in the best interest of a particular child, equal parenting time is certainly not the de facto order of the courts. Often, inexperienced attorneys simply tell their clients that they should just simply agree to 50‑50 time because the court will order the same no matter what. This assumption is false. In deciding parenting time, courts consider the particular needs of an individual child, the pattern of contact and involvement of each of the parents in meeting the needs the child, the ability of each parent to put the needs of the child ahead of his or her own perceived needs, the bonds between the parents, the child and of significant third parties, any history of domestic violence or abuse, and any psychological, physical, and/or addictive conditions of the parents. The lawyers at Antolinez Miller, LLC are well-qualified to guide you in taking appropriate positions on decision-making and parenting time issues.