Child custody battles can be emotionally draining and legally complex. If you’re a mother pursuing full custody in Colorado, it’s critical to understand the law, the court’s priorities, and how to present a strong case. While Colorado courts no longer favor one parent over the other based on gender, mothers can still win full custody by demonstrating that doing so is in the child’s best interests.

This guide offers legal strategies and practical tips for increasing your chances of gaining full custody in Colorado, also known as sole decision-making responsibility and primary parenting time.

What Full Custody Means in Colorado

In Colorado, “custody” is referred to as the allocation of parental responsibilities, which includes:

• Decision-making responsibility (legal custody): Who makes major decisions about the child’s education, health care, and religious upbringing.
• Parenting time (physical custody): When the child is physically with each parent.

Full custody typically means you are granted sole decision-making authority and primary parenting time, while the other parent may receive only limited or supervised visitation. This is usually only granted when one parent is unfit, there is abuse, or when joint parenting is clearly not in the child’s best interests.

How Colorado Courts Decide Custody

Colorado courts make custody decisions based on the best interests of the child, as outlined in Colo. Rev. Stat. § 14-10-124. Courts consider multiple factors, including:

• The child’s physical and emotional safety
• The child’s relationship with each parent
• Each parent’s past involvement in parenting
• The ability to encourage a relationship with the other parent
• The mental and physical health of the parents
• Any history of abuse, neglect, or substance use

You’ll need to build your case around these factors to improve your standing in court.

Document Everything

Thorough documentation is one of the most powerful tools you have in a custody case. Courts rely on evidence, not emotion, so the more documentation you can provide, the stronger your case will be.

Keep detailed records of:

• Your parenting involvement: Include daily routines, school drop-offs, homework help, medical appointments, etc.
• Co-parenting communications: Save texts, emails, and call logs that demonstrate your efforts to cooperate (or the other parent’s refusal to do so).
• Financial support: Document all child-related expenses, including clothing, medical care, extracurriculars, and support payments.
• Concerns about the other parent: Note any troubling behavior such as missed parenting time, substance use, or emotional instability, especially if it endangers the child.

Organize everything in a custody journal or spreadsheet so you can easily share it with your attorney or the court.  If at all possible make these notes in real time as the events transpire. 

Strengthen Your Legal Position

To gain full custody, you must demonstrate your capacity to provide a safe, stable, and nurturing environment, while also showing that joint custody is not feasible.

1. Avoid Conflict

Judges expect parents to co-parent in a civil, non-confrontational, child-centered way. Avoid arguments and do not disparage or bad-mouth the other parent. Even if the other party is uncooperative, your calm and respectful communication will reflect positively on you. Most importantly, absolutely avoid involving your child in the dispute.

2. Follow Court Orders

Adhere to all temporary orders, parenting plans, and financial obligations. Courts take compliance seriously, and failure to follow orders may harm your credibility.

3. Be Proactive as a Parent

Actively participate in your child’s life:

• Attend school meetings and events
• Stay involved in medical decisions and attend appointments.
• Support extracurricular activities
• Maintain consistent routines at home

This shows the court that you’re already the child’s primary caregiver.

Work with an Experienced Family Law Attorney

While this guide focuses on helping mothers represent themselves effectively, the custody process can be unpredictable. An attorney who understands Colorado family law can help you:

• Prepare persuasive legal arguments
• Submit proper documentation
• Represent you during hearings
• Respond to actions from the other parent
• Set and maintain appropriate boundaries
• Have realistic expectations

Tanis McGonegal Family Law, P.C. offers free consultations and decades of experience in custody litigation in the Denver metro and Northern Colorado areas If full custody is your goal, legal representation can make a significant difference.

Prepare for the Custody Evaluation

In contested custody cases, Colorado courts may order a Parental Responsibilities Evaluation (PRE) or Child and Family Investigator (CFI) Report. This is a formal evaluation conducted by a neutral expert who interviews both parents, the child, and others involved in the child’s life.

To prepare:

• Maintain a clean, safe home
• Show consistent routines and responsibilities
• Avoid negative comments about the other parent
• Provide documentation of your involvement
• Be honest and cooperative during interviews

Your behavior during this evaluation can greatly influence the court’s final decision.

Be Involved in Every Aspect of Your Child’s Life

The more you can show that you’re already meeting your child’s physical, emotional, and developmental needs, the better. Here are specific areas to focus on:

Education

• Attend school conferences
• Communicate with teachers
• Help with homework
• Demonstrate age appropriate expectations

Healthcare

• Schedule and attend appointments
• Stay up-to-date on vaccinations
• Respond quickly to emergencies

Extracurriculars

• Support involvement in sports, music, or other interests
• Help with transportation and logistics

Social and Emotional Development

• Encourage friendships and social interaction
• Provide emotional support and guidance
• Monitor screen time and online behavior

Understand the Rules Around Relocation

If you are seeking full custody and plan to move out of Colorado or far from the other parent, you will need court approval. Under Colorado law, you must:

• Provide written notice of the move
• Include the reason for relocation
• Propose a revised parenting plan
• Allow the other parent to object

The court will examine whether the move serves the child’s best interests. Relocating for better support systems or job opportunities may be seen favorably, but not if it’s an attempt to limit the other parent’s access.

Consider Mediation and Negotiation

While you may be pursuing full custody, settling the case outside of court can often lead to a better outcome. Colorado courts encourage mediation, where a neutral third party helps both parents find common ground.

Benefits of mediation:

• Faster and less expensive than trial
• Less stressful for the child
• Allows more control over the outcome
• Demonstrates your willingness to cooperate

If full custody cannot be agreed upon through mediation, you’ll need to prove to the court why shared decision-making or parenting time is not in your child’s best interests.

Know Your Rights and Your Responsibilities

As a mother in Colorado, you have equal rights to seek custody. But with those rights come responsibilities:

Legal rights:

• Make decisions about your child’s upbringing
• Participate in parenting time
• Request sole or joint custody

Responsibilities:

• Provide for your child’s needs (financially and emotionally)
• Follow all custody orders
• Promote a relationship with the other parent when safe and appropriate

Understanding your obligations, alongside your legal rights, can help you present a balanced, cooperative case to the court.

Final Thoughts

Gaining full custody as a mother in Colorado is possible, but it requires preparation, documentation, and a clear demonstration of your ability to meet your child’s needs. Focus on:

• Showing that joint custody is not viable
• Documenting your active role as a caregiver
• Maintaining a positive co-parenting approach
• Working with a skilled attorney if possible

Most importantly, center everything you do around what’s best for your child, not what’s most convenient or advantageous to you.

Contact Tanis McGonegal Family Law, P.C.

If you’re pursuing full custody in Colorado, Tanis McGonegal Family Law, P.C. can help. We offer trusted legal guidance, experienced courtroom advocacy, and personalized strategies for mothers facing challenging custody cases.

Schedule a free 20-minute consultation today to discuss your case and start protecting your child’s future.