Can I Get 50/50 Custody in Colorado?
Going through a custody case can be stressful and emotional. You want what’s best for your child, but the legal system can be confusing. One of the most common questions parents ask is whether they can get 50/50 custody in Colorado. Such an arrangement means each parent would have equal parenting time with their child.
At Plog & Stein P.C., we understand the concerns parents face during custody cases. Our experienced team is here to help you navigate the process and work toward the best possible outcome for you and your child. Call us today or contact us online to get the guidance you need.
What Is 50/50 Custody?
50/50 custody, also called joint physical custody, means both parents share equal time and responsibility for their child. This arrangement is based on the belief that children benefit from strong relationships with both parents.
However, 50/50 custody does not always mean equal decision-making power. Legal custody, which involves making important decisions about a child’s education, healthcare, and welfare, is separate from physical custody. In most cases, Colorado courts assume joint legal custody is best unless one parent is unfit to make decisions.
Chances of Getting 50/50 Custody in Colorado
The chances of getting 50/50 custody in Colorado depend on several factors, including:
- The child’s age. Young children may need more consistency and time with one parent. So, the court might award more time with one parent until the child reaches an age where a 50/50 split is better for the child’s development.
- The parents’ availability. Courts look at work schedules and childcare abilities.
- Proximity between parents. Living close makes 50/50 custody easier for school and activities.
- Parental cooperation. Parents must communicate effectively for shared custody to work.
- The child’s best interests. The court always prioritizes the child’s needs and best interests when determining custody arrangements.
Keep in mind that each case is unique, and a judge will decide based on what benefits the child the most.
How to Get 50/50 Custody
While there are no strict legal requirements for joint custody, parents must meet certain conditions for it to work. If you want 50/50 custody in Colorado, you need to consider the key factors:
- Show you can provide a stable home. Judges look at your living situation and ability to care for the child. To get 50/50 custody, both parents must be capable of providing a safe and stable environment.
- Be involved in your child’s life. Parents should have a history of being involved in the child’s daily life. Courts favor parents who attend school events, medical appointments, and extracurricular activities.
- Live near the other parent. The distance between homes should allow for reasonable transportation to school and activities. The closer you live, the easier a shared schedule becomes.
- Demonstrate cooperation. Each parent must be willing to cooperate and communicate. Courts expect parents to work together for the child’s well-being.
- Have a clear parenting plan. A well-structured custody plan shows your commitment to co-parenting.
- Child’s best interests. The court must determine that 50/50 custody is in the child’s best interest.
These are essentially the 50/50 custody requirements. Meeting these criteria will strengthen your case and show the court that joint custody is in the best interest of your child.
50/50 Custody Schedule
Equal custody schedules vary based on family needs. Some common 50/50 custody schedules include:
- Week-on, week-off. Each parent has the child for one full week at a time.
- 2-2-3 schedule. One parent has the child for two days, then the other parent has two days, followed by a three-day weekend with the first parent. The schedule then begins again, giving each parent equal time on a rotating weekend basis.
- 5-2-2-5 schedule. One parent has the child for five days, then the other parent has two days, then the pattern reverses.
- Alternating weekends with midweek visits. Parents share weekdays and alternate weekends.
The best schedule depends on the child’s age, school, and extracurricular activities.
Who Is the Custodial Parent in 50/50 Custody Cases?
In 50/50 custody, both parents have equal parenting time, but one parent may be designated as the custodial parent for legal purposes. This designation is often based on where the child primarily resides for school enrollment or tax purposes. Courts aim to minimize disruption in the child’s life when determining this designation.
If You Have 50/50 Custody, Who Pays Child Support?
Even when parents have joint custody, child support may still be required. The court looks at each parent’s income, childcare costs, and healthcare expenses. If one parent earns significantly more, they may still need to pay child support to balance financial responsibilities.
Factors that affect child support in joint custody cases include:
- Each parent’s income and earning potential;
- Costs for health insurance, education, and childcare; and
- Any additional expenses related to the child’s well-being.
A fair child support arrangement ensures both parents contribute to their child’s financial needs as they are able. If there are disputes over child support calculations, an attorney can help negotiate a fair agreement and ensure the correct legal standards are applied.
Situations That May Require Hiring an Attorney
While some custody cases are straightforward, others can be complicated and require legal assistance. You may need to hire an attorney if:
- The other parent is not cooperative. If communication is difficult or the other parent is unwilling to compromise, an attorney can advocate for your rights.
- You suspect the other parent may be unfit. If concerns about substance abuse, neglect, or an unsafe environment exist, legal representation can help protect your child.
- There are disagreements about the custody schedule. If you and the other parent cannot agree on a fair arrangement, a lawyer can help negotiate a solution.
- One parent is relocating. If a move will significantly impact custody, an attorney can help navigate the legal implications.
- Child support disputes arise. If there are disagreements about financial contributions, legal guidance ensures fair calculations and enforcement.
Having a skilled attorney can make a significant difference in securing a fair custody arrangement that prioritizes your child’s well-being.
Get the Legal Help You Need with Plog & Stein P.C.
Understanding 50/50 custody can be challenging, but you don’t have to figure it out alone. At Plog & Stein P.C., we have the experience and knowledge to help you secure the best possible outcome for your case. Whether you’re seeking equal parenting time or need legal guidance on custody arrangements, we are here to support you.
Call us today or contact us online to schedule a consultation. Let us help you navigate your custody case with confidence.
