In Boulder, parents navigating divorce or separation often find themselves in a legal environment that promotes cooperation. Judges in Boulder courts encourage both parents to remain actively involved in raising their children, not only financially but also emotionally and practically. However, child custody and parenting time can remain one of the more challenging aspects of the divorce process, particularly when children are involved.

Understanding custody and parenting time is crucial during a divorce or separation. It is often one of the more complex and emotionally sensitive areas of the process.

Consulting a Boulder divorce attorney can help provide valuable assistance throughout the custody process. They can offer guidance on local laws and help parents navigate the complexities of a custody hearing.

What Exactly Is Custody?

Legal custody, also known as decision-making responsibility, refers to who has the authority to make significant decisions in a child’s life, such as those concerning education, healthcare, and religion. If parents share joint legal custody, they must work together to make these decisions. If one parent holds sole legal custody, they make these decisions independently.

Physical custody, or parenting time, pertains to where the child resides and how much time they spend with each parent. In Colorado, even if one parent has more time with the child, both parents can still share decision-making responsibilities. Legal custody and physical custody are distinct. Having more time with a child does not automatically equate to control over their major life decisions.

Parenting Time

Parenting time refers to the actual time a parent spends with their child. Colorado courts generally recognize that children benefit from spending time with both parents, unless there is a valid reason not to, such as abuse or severe neglect. Courts in Colorado generally aim to ensure that the non-primary parent has at least 25% of the parenting time. Research suggests that children tend to thrive when they have regular, consistent time with both parents—even if this time is not always equally split.

Common Parenting Time Schedules in Colorado

Here are some of the most commonly used parenting time schedules in Boulder, Colorado:

• 4/3/3/4 Schedule: One parent has the children for four days, while the other has them for three days, then they switch. This pattern repeats, providing nearly equal time without frequent transitions mid-week.

• 5/2/2/5 Schedule: Parents alternate time with the children in blocks of five days and two days. For example, one parent may have Monday and Tuesday, while the other parent has Wednesday and Thursday, with weekends alternating.

• Week-on/Week-off: Each parent has the children for a full week at a time, with the exchange typically taking place on Sundays to minimize disruption to school routines.

Each schedule has its own advantages and challenges. The best choice often depends on factors such as the parents’ work schedules, the distance between their homes, and the level of communication and cooperation between the parents.

How Courts Decide Custody and Parenting Time

When determining custody and parenting time arrangements, judges typically consider several factors, commonly known as the ‘best interest factors.’ These include:

• The bond each parent shares with the child

• The degree of involvement each parent has had in caregiving

• Any history of abuse, neglect, or other harmful behaviors

• The mental and physical health of both parents

• The child’s preference, if they are old enough and mature enough to express one

• Whether the parents are likely to support a healthy relationship between the child and the other parent

In Colorado, courts also consider whether one parent is trying to limit the other parent’s relationship with the child without a legitimate reason. Courts typically do not favor actions that aim to exclude one parent from the child’s life without a valid reason.

Disclaimer: The information provided in this article is for general informational purposes only and should not be considered as legal advice. Every child custody and parenting time case is unique, and the laws may vary depending on your specific situation and jurisdiction. For personalized legal guidance, it is recommended that you consult with a qualified attorney who specializes in family law.