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Is Colorado Moving Toward a Presumption of Equal Parenting Time?


A bill making equal parenting time a presumption in Colorado was considered in the 2015 legislative session. The bill nearly passed but was opposed by the Colorado Bar Association Family Law Section. Equal parenting time may be ideal for some children. However, a 50/50 plan can be harmful for very young children, children with special needs and teens, and others. If passed, this new bill will generally presume equal parenting time between the two parents, unless they have special findings that would suggest otherwise.

Colorado law currently requires the consideration of what is best for each, individual child. Parents often want equal time because they want to reduce or eliminate their child support obligation or they may want an “award” of equal time to validate their status as parents. Other states have considered presumptions of equal time but most have rejected the presumption that one schedule for parenting time fits all children and families. Most states, like Colorado, have kept the “best interest of the child” as the standard for determining parenting rather than the desires of parents. This issue is likely to return to the legislative arena again this year.

At The Harris Law Firm, we will pay close attention to the bill and other changes in family law. Our firm believes that children should be prioritized before anything else. We work hard to fight for what is best for them. If you and your ex are trying to agree upon a parenting time that benefits your children, our Denver family law attorneys are ready to help. Contact us today to schedule a consultation. We can help you find a plan that works for both parties and that puts the children first.

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