50-50 Parenting Time in Colorado
Many parents contemplating divorce want to know if Colorado family courts always award 50-50 parenting time.
In this short article and accompanying video, Family Law Senior Associate Erica Bertini answers this question, and she touches on the different ways 50-50 custody can be worked out.
Colorado Parenting Time Attorneys
Robinson & Henry’s Family Law Team helps parents resolve custody issues from parenting time to decision making. Let our experienced custody attorneys fight for your children’s best interests. Call 303-688-0944 to begin your case assessment.
Is Colorado a So-Called 50-50 Parenting Time State?
Colorado family courts are not required to order 50-50 parenting time. The statute actually requires that the parents and the parties to the child have continuing and frequent contact. In some circumstances, parents may equally share parenting time. In others, one parent may have the children 75 percent of the time.
“While co-parenting is not appropriate in all circumstances following dissolution of marriage or legal separation, the general assembly finds and declares that, in most circumstances, it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage.” C.R.S. 14-10-124 (1)
In some situations where parents share equal parenting time, the arrangement could be week-on, week-off. Or, if the parents live in different states, the child may spend summers and more of their school breaks with one parent which could work out to 50-50 parenting time.
The Best Interest of the Child
A family court judge considers many factors when making a parenting time determination. At the forefront of every court’s decision, however, is the best interest of the child.
“The court shall determine the allocation of parental responsibilities, including parenting time and decision-making responsibilities, in accordance with the best interests of the child giving paramount consideration to the child’s safety and the physical, mental, and emotional conditions and needs of the child.” C.R.S. 14-10-124 (1.5)
Courts give weight to what each parent wants and the child’s wishes if she or he is “sufficiently mature.”
The court also reviews the:
- Relationships between the child and the parents
- Children’s potential adjustment to a new home, school, and/or neighborhood
- Mental and physical health of the parents
- Ability for both parties to share love and affection with the children
- Past patterns of involvement
- Physical proximity of the parents
- Capacity to place the children’s needs above their own
C.R.S. 14-10-124 (1.5)(a)
Colorado Family Law Attorneys for Custody Issues
Colorado courts strive to provide children with equal time to both parents when it’s in the children’s best interests. Our Family Law Team helps parents maximize their parenting time. Find out how we can help you. Call 303-688-0944 for a case assessment.