The term "parental responsibilities" encompasses two major concepts - "decision-making responsibilities" and "parenting time." These concepts replace "custody" and "visitation" in the state of Colorado.

Allocation of decision-making responsibilities determines which parent will have the authority to make major decisions for the minor child or children. The decisions that this responsibility contemplates include major decisions that affect the health and well-being of the child, such as education, health and medical, and religion. Every day decisions should be made by each parent when the child is spending time with him or her. Either parent may have sole decision-making responsibilities for the minor child or children, or the parents may share this authority. If a parent has sole decision-making authority, he or she can unilaterally make all major decisions that affect the child. When decision-making responsibilities are shared between the children, the parents generally attempt to agree on major decisions. If agreement cannot be reached, one parent may have the ultimate authority, or the parents may resort to mediation, arbitration or court intervention, depending on how their specific agreement or order is worded. Allocation of decision-making responsibilities is determined independently of parenting time (discussed below). Courts in Colorado determine allocation of decision-making authority based on the best interests of the minor children. In making this decision, Courts will consider many factors including the ability of the parents to cooperate, the ability of each parent to put the child's needs first, and the history of parenting by each parent.

Parenting time is the concept that you may be thinking of when you think of visitation. No matter whose home the child primarily resides, it is probable that the other parent will have parenting time with the child or children. Parenting time is also determined based on best interests of the children, including what schedule is appropriate for children of a particular age. The ultimate goal for any parenting time schedule is to foster a meaningful bond between the child and each of the parents.

Parental responsibilities agreements and orders, especially as they relate to parenting time, are typically very detailed and their preparation is a time-consuming and involved process. There are many factors that affect parental issues, including but not limited to proximity of the parents to each other, school and work schedules, holidays and transportation arrangements. These issues must be considered and specifically mapped out so as to avoid conflict and disagreement over parental issues in the future. The attorneys at Heckenbach Carlton, LLP, have extensive experience with parental responsibilities concepts, and are knowledgeable as to how to best draft parental responsibilities agreements.