A non-parent may have standing to argue for parental responsibilities when the child is not in the physical care of either parent. C.R.S. 14-10-123(1)(b) & See In Interest of K.M.B.80 P.3d 914, 917 (Colo.App.2003). If your divorce case involves one these all too common situations, you should consider mediation to help resolve the layers of complicated issues. “Physical care” is evaluated by considering the nature, duration, and frequency of contact between the child or children, and the parent in contrast to the nature duration and frequency of contact between the child and the non-parent including the amount of time spent in the actual physical care of each. The fact that a parent maintains some contact with their children including occasional overnights does not necessarily defeat the right of a non-parent to make a claim for exercising some parental responsibilities including some parenting time and decision making authority. Contact a divorce mediator to discuss the particulars of your case.