In any domestic relations case where the court has jurisdiction over the parties’ minor children, i.e., a Petition for Allocation of Parental Responsibilities (“APR”) or a Petition for Dissolution of Marriage (“divorce”), or Legal Separation, one of the main issues will be determining a parenting time schedule that is in the child’s best interest.
In 1999, Colorado stopped using the terms “custody” and “visitation”, and now uses the terms “parental responsibilities” and “parenting time” to identify how parents share responsibility for caring for their children. C.R.S. 14-10-103.
Is equal parenting time appropriate in all cases? That depends. For guidance, the Colorado legislature has declared:
“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)
Factors Affecting Parenting Time
Regardless of the ultimate parenting time schedule, courts typically use a two-week period of time to formulate a parenting plan. As always, the most important consideration for selecting a parenting plan is what kind of plan serves the child’s best interests. Although the court is instructed to consider “all” factors, the following are specifically set out in the parenting statute C.R.S. 14-10-125(1.5)(a):
- The wishes of the parents.
- The wishes of the child.
- The child’s interaction with other family member such as siblings.
- The child’s adjustment to his or her home or school.
- The physical and mental health of the child’s parents.
- The ability of the parties to encourage the sharing of love, affection and contact between the child and the other party.
- Whether a past pattern of involvement of the parties with the child reflects a system of values, time commitment and mutual support.
- The distance between the parents’ homes as it relates to practical considerations of parenting time.
- The ability of each parent to place the child’s needs above their own.
Equal Parenting Time Schedules (50/50)
If you believe that it serves your child or children’s best interests that they have equal time with both parents, what might that look like?
Week on, Week off Parenting Plan (7/7)
This plan is most used with older children and can also be the least complicated type of plan, as it limits exchanges, generally limits conflict over trips and vacation time, and exchanges always happen on the same day. You will pick one day of the week to exchange the children. Usually, parents use either a weekend day for exchanges if the child or children need to get settled before the start of the week, or, to eliminate the need to coordinate exchanges altogether, Monday at school drop-off can be the most practical “exchange” time. By definition, a week on, week off parenting plan will result in you having the children for one week, and then the other parent has the children the next week.
Schedule
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Week 1
Father
Father
Father
Father
Father
Father
Father
Week 2
Mother
Mother
Mother
Mother
Mother
Mother
Mother
5-2-2-5 Parenting Plan
This plan is often used for young children, but those who are old enough to handle 5 consecutive days away from one parent (generally children who are in school full time). Many parents like this plan, because it limits consecutive time away from the other parent and promotes frequent contact with both parents. Parents and children appreciate the level of consistency that this plan provides, because a child can come to learn that they have every Monday and Tuesday with one parent, and every Wednesday and Thursday with the other. Then, they alternate weekends with each parent.
The downside to this schedule is the number of exchanges that need to be made each week. However, if you are a parent of school-aged children, exchange times can simply coincide with the start and completion of school days (aka school drop- offs and pick-ups).
Schedule
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Week 1
Father
Father
Mother
Mother
Father
Father
Father
Week 2
Father
Father
Mother
Mother
Mother
Mother
Mother
3-4-4-3 Parenting Plan
Most often used for very young children as their first 50/50 plan (aka children 3+ years), a 3-4-4-3 parenting plan limits the amount of consecutive time away from the other parent and promotes frequency of time with each parent. Just like the 5-2-2-5 plan, this parenting plan involves quite a few exchanges. Nonetheless, a 3-4-4-3 plan provides some consistency, as each parent has the same overnights, but the parents alternate either Saturday or Sunday each week.
Schedule
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Week 1
Mother
Mother
Father
Father
Father
Father
Mother
Week 2
Mother
Mother
Father
Father
Father
Mother
Mother
2-2-3 Parenting Plan
A 2/2/3 plan, or every other weekend plan, provides each parent two days per week, and then the parent with the children at the beginning of the week will have the children for that weekend. After the weekend, the children go to the other parent. Under this plan, the longest time a child is away from the other parent is limited to three (3) days. These plans are used less frequently, as, when a child needs this level of frequent contact with each parent, the court and child-related experts may find that they are too young or simply not emotionally or developmentally ready for a 50/50 schedule. These schedules can be difficult for everyone, because there is little consistency to the pattern. it is hard for children to understand, and it can be difficult for parents to coordinate. That said, every family has their own unique needs, and the focus should be on what works best for your children’s mental, emotional, and physical health.
Schedule
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Week 1
Mother
Mother
Father
Father
Mother
Mother
Mother
Week 2
Father
Father
Mother
Mother
Father
Father
Father
Other Parenting Time Schedules
The Court must look at the statutory factors in order to determine what kind of schedule serves your child’s best interests. This is not a competition between you and the other parent. The court’s determination as to whether a 50/50 or some other parenting schedule is more appropriate rarely hinges on whether the court believes you to be a “good” or a “bad” parent and generally relates back to what your children need from you and your co-parent.
Oftentimes, parents ask courts to consider a “graduated” schedule, which means that you and your co-parent have a phased parenting plan that builds up to something closer to your children spending equal time with each of you.
A parent may have time as limited as supervised time once or twice a week, if there are safety concerns for the minor children in that parent’s care. Safety concerns may stem from a parent’s struggle with substance use, from a child’s discomfort with a parent (even if it no fault of that parent’s), or from the simple need to establish parenting and coping skills.
Sometimes, a parent’s work schedule may limit the amount of time that they are actually available to exercise parenting time. For example, parents who travel a great deal for work may find it impossible, despite their best intentions, to consider a 50/50 schedule.
Other times, the Court simply cannot consider a 50/50 schedule because of the physical distance between parents. For example, if one parent lives in Vail and the other in Denver, the Court is going to have to choose one parent’s home as the primary residence for your children. Usually, for long-distance parenting plans, the Court gives the parent who has less time with the children during the school year ample opportunity to spend time with them during the summer months and over long weekends and school breaks.
The most important thing to remember is that, no matter what “percentage” of parenting time you may have, whether it is 100% of the time or 10% of the time, your parenting schedule should meet the unique needs of your children.
Drafting the Parenting Plan
Regardless of the parenting plan you think is most appropriate for your family, it is crucial that you consult a knowledgeable family law attorney to draft your parenting plan. A well-drafted parenting plan will be a tool that you can refer to for years to come. With young children, you must keep in mind that your first parenting plan is probably not your last, as your children’s needs will change over time.
The experienced attorneys at GEM Family Law are here to help you consider what options your family has and can help you consider creative ways to meet the needs of your children with your parenting plan.
Authored by: Tyler Lambert, Attorney