Equal Parenting time?


Is there a presumption that children should spend equal time with each parent following a dissolution of marriage?  While some parents believe this either should be or is the case, there is no such presumption in the Colorado statutes or in the case law.  There have been unsuccessful efforts in the past to have the Colorado legislature pass laws creating such a presumption but the efforts have never succeeded.  The test for parenting time remains “best interest of the child” and requires the Court to decide parenting time based upon the facts in each case.  While many parents see no reason, outside such things as child abuse, not to assume equal parenting time is best for children, the research in this area does not support a “one size fits all” approach.  While equal parenting time may be the best plan in many cases, the research that supports the facts in each case be carefully considered.  Parents usually are in the best position to decide what is best but, if they cannot agree, care must be taken to address the issues based upon what is truly best for the child and not what feels best for the parents.