When parents go through a custody dispute in Colorado, one question comes up again and again: “What could hurt my chances of getting more parenting time?”

The reality is that Colorado courts do not approach these cases in terms of “winning” or “losing.” Instead, comes down to one fundamental question: What custody arrangement serves the best interests of the child?

As a result, any behavior or decision that negatively affects a child’s well-being can also negatively affect a parent’s ability to obtain their preferred parenting time or decision-making authority. Understanding these factors is critical if you want to protect your relationship with your child and present the strongest possible case.

How Courts Decide Child Custody in Colorado 

In Colorado, “custody” is referred to as the allocation of parental responsibilities, which includes both parenting time and decision-making. Courts evaluate these issues under the best interests of the child standard set forth in C.R.S. § 14-10-124.

One of the most important themes underlying these factors is parental behavior particularly how that behavior affects the child’s safety, stability, and emotional well-being.

5 Things That Can Hurt Your Custody Case in Colorado

1. Drug or Alcohol Abuse

Substance abuse is one of the most serious concerns in any custody case.

If a parent has a history of drug or alcohol abuse or incidents involving substance abuse while children are present, the court is likely to view this as a direct risk to the child’s safety and well-being.

Potential consequences include:

• Reduced parenting time
• Supervised parenting time
• Conditions such as sobriety monitoring
• Restrictions on decision-making authority

In our experience, Colorado courts often try to balance child safety with maintaining the parent-child relationship when possible. For example, our counsel has previously litigated a case where our client struggled with methamphetamine addiction and ongoing sobriety issues. Even under those circumstances, the court still allowed one hour of supervised parenting time per week so the parent could maintain a relationship with their children in a safe, controlled setting.

However, courts will act quickly when there are violations. We have also seen cases where a parent initially had parenting time with sobriety monitoring in place, but after failing a Soberlink test showing drug or alcohol use during parenting time, the court imposed stricter limitations and further reduced parenting time.

A history of substance abuse does not automatically prevent a parent from having parenting time or decision-making authority. However, the court will closely evaluate a parent’s current sobriety, accountability, and efforts toward recovery, including participation in treatment programs, therapy, or ongoing sobriety monitoring.

2. Domestic Violence

Colorado courts take allegations of domestic violence extremely seriously, particularly when children are exposed to it.

Relevant concerns include:

• Physical violence
• Threats or intimidation
• A history of coercion and control
• Abuse witnessed by the child

While any allegation is significant, courts are especially concerned when children witness violence, as this is considered inherently harmful to their emotional and psychological well-being. In our litigation experience, these concerns can directly impact outcomes. In one case we handled, the opposing party engaged in physical violence in the presence of their child, which was supported police reports and in-court testimony from the victim. Based on this evidence, the court significantly reduced that parent’s parenting time and implemented strict safeguards during exchanges to protect both our client and the child.

Depending on the circumstances, findings related to domestic violence can substantially limit parenting time, restrict decision-making authority, and result in structured or supervised arrangements designed to ensure the child’s safety.

3. Poor Parenting Decisions

Courts carefully evaluate how each parent meets the day-to-day needs of the child.

Examples of concerning behavior include:

• Frequent tardiness or excessive school absences
• Failure to meet basic needs
• Neglecting medical, dental, or mental health care
• Lack of structure or supervision

These patterns may suggest that a parent is not prioritizing the child’s well-being. In such cases, courts may allocate greater parenting responsibilities to the other parent to ensure the child’s needs are consistently met.

Our counsel represented a father in an allocation of parental responsibilities case where the other parent refused to take the children to scheduled dental appointments during her parenting time because she did not believe dental care was important. Combined with other concerns, this pattern of neglecting the children’s medical needs led the court to award our client sole medical decision-making authority to ensure the children received consistent and necessary care.

This type of situation highlights how courts focus on a parent’s ability to make responsible, child-centered decisions especially when it comes to health, education, and overall well-being.

4. Exposing Children to Inappropriate Environments or Unsafe Situations

A parent’s judgment regarding the child’s environment and supervision is a critical factor in custody determinations.

Courts may have concerns if a parent:

• Leaves a child unattended for unreasonable periods (considering the child’s age)
• Allows supervision by individuals who are unfit or have a history of violence or unsafe behavior
• Exposes the child to substance use, criminal activity, or other unsafe conduct
• Brings the child into age-inappropriate environments or situations

These behaviors can indicate poor judgment and a failure to prioritize the child’s safety. Courts are particularly focused on ensuring that children are not exposed to adult issues such as drugs, violence, or other inappropriate conduct.

5. Refusing to Communicate with the Other Parent, or Communicating in a Hostile Tone

Effective co-parenting requires consistent, respectful communication even when the relationship between the parents is strained.

Courts may view the following behaviors negatively:

• Refusing to discuss important issues involving the child (education, health, behavior)
• Ignoring messages or failing to respond in a timely manner
• Escalating conversations into personal conflict
• Sending hostile, aggressive, or disrespectful communications

Written communications—such as texts, emails, and messages through parenting apps—are frequently introduced as evidence in custody proceedings. A pattern of hostile or uncooperative communication may lead the court to question a parent’s ability to act in the child’s best interests and to support a healthy co-parenting relationship.

In practice, this type of evidence often plays a critical role in litigation. We regularly see situations where one parent allows frustration from the former romantic relationship to spill into co-parenting communication resulting in threatening, disrespectful, or completely non-responsive behavior over text or email. These communications are often presented in court to demonstrate an inability to co-parent effectively. In those cases, we use this evidence to advocate for parenting time and decision-making arrangements that better support our client and, most importantly, the child’s best interests.

There are limited exceptions, such as when communication is restricted by a protection order or “no contact” order. In those cases, courts expect strict compliance with the terms governing communication.

It’s Not About “Winning”  Child Custody

At CNL Law Firm, custody cases are approached with a different perspective.

Rather than focusing on winning, the goal is to help parents:

• Secure a workable and sustainable parenting plan
• Protect their relationship with their children
• Promote long-term stability for the family

Custody matters are rarely black and white. Courts are focused on practical, child-centered outcomes.

How to Strengthen Your Custody Case

If you are concerned about your situation, focus on:

• Putting your child’s needs first
• Maintaining a consistent and stable routine
• Communicating respectfully with the other parent
• Avoiding risky or questionable situations
• Documenting your involvement in your child’s life

Talk to a Colorado Child Custody Lawyer

If you are facing a custody dispute, the decisions you make now can have a lasting impact on your relationship with your child.

At CNL Law Firm, we help parents navigate complex custody issues and work toward outcomes that truly serve their children’s best interests. For more information or to discuss your specific situation, contact CNL Law Firm for a consultation.