Colorado Stipulation Regarding Joint Custody of Children

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Multi-State
Control #:
US-02757BG
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Word; 
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Description

A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.


There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.


The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.

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FAQ

Both parents are responsible for the health and well-being of their children, including financial responsibilities. This is unlikely to change with a separation or divorce. Colorado prefers 50/50 custody arrangements whenever possible.

The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. The parents (whether married or unmarried) are no longer together and the child resides with one of the parents.

Equal parenting time schedules Judges commonly award a 50/50 time split if it works well for the child. This is popular with parents too. You can schedule your time in different ways so it comes out to an equal split, usually over two weeks.

Colorado courts do not allow parents to waive child support obligations, even if they both agree payment from one parent to the other based on their unique circumstances makes this their preference.

Child support terminates automatically only when the last (or only) child turns 19 or emancipates. In all other situations, a court order is required.

A parent having 50/ 50 custody of a child may still have to pay some child support; although it will be less than if the parent had no custody at all.

Parenting Time in Colorado If both parents have a relatively equal amount of overnight visits with the child, the court views that as sharing joint parental responsibility. Even in that situation, however, one parent may be designated as the custodial parent (for instance, when it's necessary for school enrollment).

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Colorado Stipulation Regarding Joint Custody of Children