JDF 1413: Open the APR Case
JDF 1413 is Colorado's petition to allocate parental responsibilities: the document lane that asks the court to establish parenting time and decision-making when you need that framework put in place. It is not the same job as answering a modify motion ( JDF 1420), drafting plan detail ( JDF 1113), or proving support facts ( JDF 1414). Before you file, separate the calendar from the authority layer and know which story you are actually opening.
| Word parents use | What the court still needs |
|---|---|
| Custody | A schedule someone could administer plus decision rules when you disagree. |
| Parenting time | Overnights, exchanges, holidays, travel, not vibes. |
Sort before filing
- Sketch the week you will defend and the decisions you need spelled out.
- Gather neutral anchors: school, care, calendars, not a message novel.
- Confirm you are opening allocation, not reacting to a filed modify motion.
- Line up financial disclosure if support is live ( JDF 1104).
Relevant Colorado law
The statutes and appellate decisions below are the ones Colorado courts actually apply here. Educational orientation only — not legal advice. Read the source before you rely on it.
Statutes
- C.R.S. § 14-10-124 — Best Interests of the Child
Sets the best-interests-of-the-child standard governing allocation of parental responsibilities, directing courts to weigh the statutory best-interest factors when establishing parenting arrangements.
- C.R.S. § 14-10-129 — Modification of Parenting Time
Authorizes modification of parenting time under the best-interests standard and sets the notice and best-interests analysis that applies when a majority-time parent seeks to relocate with the child in a way that substantially changes the geographical ties between the child and the other parent.
- C.R.S. § 14-10-131 — Modification of Custody or Decision-Making Responsibility
Governs modification of decision-making responsibility: bars a successive motion within two years absent endangerment, and otherwise requires a change in circumstances plus a finding that modification is necessary to serve the child’s best interests.
Key cases
- In re Marriage of Aldrich, 945 P.2d 1370 (Colo. 1997)
A parent seeking to modify child support must prove a substantial and continuing change in circumstances producing at least a ten-percent change; a claimed income drop can be rejected where bank deposits and lifestyle contradict it, and the court need not raise modification theories the moving parent did not.
- In re Marriage of Chalat, 112 P.3d 47 (Colo. 2005)
A child-support obligation incorporated into the divorce decree — including an agreed obligation to pay postsecondary (college) expenses — may be modified only on a showing of substantial and continuing changed circumstances; the court keeps continuing jurisdiction, and the child-support guidelines do not by themselves reopen the order.
- In re the Marriage of Ciesluk, 113 P.3d 135 (Colo. 2005)
On a motion to relocate with a child, neither parent carries a presumption: C.R.S. § 14-10-129 (as amended) eliminates the Francis presumption favoring the majority-time parent, so both parents share equally the burden of showing what is in the child’s best interests under the § 14-10-129(2)(c) factors.
- Spahmer v. Gullette, 113 P.3d 158 (Colo. 2005)
In an initial allocation of parental responsibilities under C.R.S. § 14-10-124(1.5), a court has no authority to order a parent to live in a particular location; it must accept where each parent intends to live and allocate parental responsibilities in the child’s best interests.
Related guides
More Colorado forms
State guides (overview)
General support (not Colorado-specific)
Official sources
JDF 1413 questions
What is allocation of parental responsibilities in plain parent language?
It is the court-ordered split of parenting time and major decision-making for your child. Parenting time is the calendar. Decision-making is who holds authority for categories like education, health, and religion when you disagree. JDF 1413 is how you ask the court to establish that framework when you need orders, not when you are only answering someone else's motion.
Why do parents confuse custody labels with parenting time on this petition?
Because anger makes every word feel like a trophy. Readers still need a week map and a decision rule set. Translate "I want custody" into nights, exchanges, holidays, and who decides what.
When is JDF 1413 the wrong packet?
When you are responding to a motion to modify an existing order, use the response lane instead of behaving like you are opening a brand-new case. When you only need cleaner plan paragraphs, compare the parenting plan form. When support modification is the whole fight, compare the support-modification affidavit lane.
MyCustodyCoach is not a law firm. Court rules, fees, and form versions change by county; confirm what applies to your case with official court resources or counsel you hire.