How do courts determine which parent is the primary caretaker?

The parent who served as primary caretaker of a particular child is the parent whom courts will favor when resolving a child custody disagreement. Determining which parent was the primary caretaker, however, could be subject to different opinions.

One parent might argue that he or she made lunches and dinners for the children, while the other parent argues that he or she drove the children to school, bathed them and tucked them in at night after reading them bedtime stories. In some cases, the parents may have split the child-rearing duties 50-50, while in other cases one parent clearly took care of all the child-raising duties.

What Does “Primary Caretaker” Mean in Colorado Law?

In Colorado, the “primary caretaker” is the parent who has been the child’s main provider of daily care and emotional support. Courts determine this designation based on past caregiving responsibilities rather than financial contributions or legal custody status. Colorado family courts prioritize the child’s best interests when assessing who has taken on this primary role.

A primary caretaker typically handles tasks such as:

• Preparing meals and ensuring proper nutrition by selecting balanced ingredients, accommodating dietary restrictions, planning weekly menus, and teaching children healthy eating habits to promote long-term well-being and development through structured and mindful food choices.
• Managing medical care, including scheduling doctor visits, staying updated on vaccinations, administering medications, tracking health conditions, ensuring dental checkups, and promptly addressing any emerging health concerns to safeguard the child’s overall well-being and long-term health stability.
• Assisting with schoolwork, extracurricular activities, and transportation by helping with homework, attending school meetings, enrolling in enrichment programs, coordinating practice sessions, and providing transportation to maintain a well-rounded education and balanced social development.
• Providing emotional and psychological support by fostering a nurturing environment, encouraging open communication, addressing anxiety or stress, building self-confidence, reinforcing positive behavior, and ensuring the child feels emotionally secure in daily interactions.
• Handling day-to-day discipline and behavioral guidance by setting clear expectations, maintaining consistency in rules, implementing positive reinforcement strategies, addressing behavioral concerns with patience, and fostering respectful communication to instill responsibility and personal growth.

Understanding this designation is crucial because it can influence parental responsibilities and parenting time.

How Colorado Courts Determine Who Is the Primary Caretaker

Colorado courts assess the primary caretaker role by analyzing each parent’s historical caregiving duties. The court evaluates which parent has been primarily responsible for meeting the child’s needs before custody proceedings.

Common Considerations for Colorado Judges

• Daily caregiving responsibilities: Courts look at which parent has consistently handled daily tasks such as preparing meals, ensuring proper hygiene, dressing the child, and overseeing bedtime routines. The parent who consistently manages these responsibilities is more likely to be deemed the primary caretaker.
• Educational involvement: Judges consider which parent regularly attends parent-teacher conferences, communicates with teachers, assists with homework, enrolls the child in school programs, and ensures they have the necessary supplies for academic success. Consistent involvement in educational activities is a strong indicator of primary caregiving.
• Healthcare management: The court examines which parent takes the child to medical and dental appointments, follows through with prescribed treatments, ensures vaccinations are up to date, and makes important healthcare decisions. Medical care involvement demonstrates a parent’s dedication to their child’s well-being.
• Emotional and psychological support: Courts assess which parent provides a stable and nurturing environment, offers emotional guidance, comforts the child in distress, and fosters positive mental well-being.  However, an important and often overlooked element of this is the ability to foster a good relationship between the child and the other parent.
• Continuity and stability: Stability can be  a key factor in custody decisions. The court evaluates how long the child has primarily lived with one parent, the consistency of their home environment, and whether the parent can maintain a structured and supportive household for the child’s long-term development. However, that does not mean the court ignores the reality that after parents separate the child will most likely spend time in the homes of each parent.

Colorado law does not automatically favor one parent over another based on gender or financial status. Instead, courts conduct a fact-based analysis to determine which parent has been the child’s primary caregiver.  As well, the fact that one parent has served as the primary caretaker during a marriage does not mean the other parent is locked out of assuming more direct care responsibilities when the parents establish separate households.

How did you and your ex share childcare responsibilities?

A common misnomer is that women always have the upper hand in a Colorado child custody dispute. What’s actually happening is that the primary caretaker has the upper hand. Due to societal gender roles, women serve as the primary caretakers of children in a large percentage of cases, so women often win this advantage.  However, the economic reality of divorce is that even if the family could afford a stay at home parent during the marriage, that will often not be the case after divorce.  When both parents will have to work outside the home, there will be ample opportunity to realign that homemaker vs. breadwinner division of labor.

One thing that parents can do to prove they serve as primary caretaker of their children is to show that they engaged in the following activities on behalf of their kids:

• Grooming, dressing and bathing their children
• Preparing meals and shopping for food for their children
• Tending to the children’s health care needs and taking them to medical and dental appointments
• Buying clothing and doing the laundry for the children
• Teaching the children and helping them with schoolwork.
• Assisting and supporting the children with their sports, art, music and other activities
• Enjoying leisure activities with the children
• Attending parent-teacher conferences and school open house events

Can the Primary Caretaker Role Change Over Time?

Primary caretaker status can change with a substantial shift in caregiving responsibilities or circumstances. Custody and parenting time may be modified if a non-primary parent assumes greater responsibility for the child’s care, such as due to relocation, illness, or significant work schedule changes for either parent.  As well, the reality that the parents will be living in separate homes means that each of them will be taking on some of the caretaking responsibilities that they may not have assumed in the past.

Parents seeking to alter their parenting time arrangements must demonstrate a material change in circumstances that affects the child’s best interests. Courts will re-evaluate the caregiving arrangement before modifying it.

The Importance of Documentation for Primary Caretakers

Maintaining thorough documentation is critical for parents who wish to establish or retain primary caretaker status. Courts rely on concrete evidence when determining custody arrangements, and well-kept records can significantly strengthen a parent’s case.

Key types of documentation include:

• Medical records show who takes the child to doctor visits.
• School records and teacher communications proving involvement in education.
• Custody-related correspondence that may demonstrate caregiving responsibilities.
• Journals or calendars detailing daily caregiving activities and routines.

A strong paper trail can help parents demonstrate their role as the primary caretakers in court proceedings.

How a Skilled Family Lawyer Can Help Establish or Challenge Primary Caretaker Status

An experienced family lawyer can provide crucial legal guidance in establishing or contesting primary caretaker status. Legal representation is essential if a parent seeks to secure primary custody or challenge an inaccurate designation.

A knowledgeable attorney can:

• Gather and present evidence that supports a client’s caregiving role.
• Advocate for fair parenting time that aligns with the child’s best interests.
• Challenge misleading claims made by the opposing party.
• Navigate complex legal proceedings and ensure compliance with Colorado custody laws.

Given the stakes involved, high-income parents facing custody disputes in Denver should seek skilled legal representation to protect their parental rights.

Consider keeping a parenting journal

Denver family law attorneys suggest a parenting journal as a great way for involved parents to record how they help with childcare responsibilities. A simple journal in which parents record the daily work they do for their children and the activities they enjoyed with their children can serve as excellent evidence in court to help prove they shared in caregiving responsibilities.

If you have any questions about whether you qualify as the primary caretaker of your children, you may want to investigate this legal topic further, so you can put your best foot forward in your Colorado child custody dispute.

Contact Our Denver Family Law Experts Today to Discuss Your Case

At Hogan Omidi, our experienced family law attorneys understand the complexities of child custody disputes in Colorado. We are committed to providing strategic legal guidance tailored to your unique circumstances. Contact us today if you need assistance with primary caretaker status, parenting time, or any child custody matter in Denver. Let us help you protect your rights and your child’s well-being. Schedule a consultation with our Denver family law firm today.