A division of the Colorado Court of Appeals has clarified that orders allocating parental responsibilities in cases not involving the dissolution of a marriage are final and immediately appealable, even when attorney fee issues remain unresolved.
In the case In re Parental Responsibilities Concerning W.P.A.S., the court dismissed a father’s challenge to a permanent allocation of parental responsibilities as untimely, holding that the 49-day appeal period began to run once the trial court entered its parenting and child support orders. The panel distinguished prior case law governing divorce proceedings, concluding unresolved attorney fee requests under section 14-10-119, C.R.S., do not delay finality in stand-alone parental responsibility cases.
The court also reversed a $79,822 attorney fee award to the mother, finding the trial court abused its discretion by setting the amount without adequate evidentiary support. Although the district court attempted to calculate a figure based on billing records, it acknowledged the absence of evidence regarding prevailing market rates and attorney qualifications. The case was remanded for further proceedings on attorney fees, including consideration of the mother’s request for appellate fees.
Read the full published opinion at coloradojudicial.gov/system/files/opinions-2026-01/24CA1985-PD.pdf.