Are you an attorney? You should get verified!
Yes. I don't hang around here enough to take the time to do that right now. I shouldn't be spending as much time on this case as I am, as it is.
All I know is the code does not state that equal parenting time is standard in CO and every CO lawyer website I have visited discusses how to fight for time with the kids so while it appears judges there favor equal sharing of the kids it is clearly not a given and CW likely would've not assumed he would be granted 50 %. Especially not with his hours.
Few judges, I believe, would think it's in a toddler's best interest to give a parent who works 10 hour days when the other is more flexible and available, equal parenting. He or she would not be able to take the child to appointments, to and from preschool, or spend much time with them. The kid would be warehoused in paid child care instead of with a parent.
It makes no sense.
I agree it makes no sense. I came from a jurisdiction that presumed it was best for children to have a primary residence (i.e., custodial parent) and then they visited with the other parent. I prefer it that way, especially for younger kids. Heck, when I started practicing in Texas, it was half-way presumed that the father wouldn't get overnight visitation until the child turned 3!
But here's how the Colorado judges would make the parenting time as equal as possible, even considering dad's work schedule:
Week 1: Dad picks up the kids when he gets off work on Friday and returns the kids to Mom before he goes to work on Monday.
Week 2: Dad picks up the kids when he gets off work on Thursday and returns the kids to Mom before he goes to work on Monday.
This would be what we call a 4/3/3/4 plan (50/50), with equal overnights, and the child might only need to be in daycare every-other Friday. If the kids are in preschool, then dad only has to provide before and after daycare, and there are providers who will transport the kids to school and pick them up after. I would expect that mom would object to not having any weekends with the kids.
Alternatively, if both parents work and the kids will be in daycare no matter what, maybe Dad gets every Monday and Tuesday night, Mom gets every Wednesday and Thursday night, and they alternate Friday, Saturday and Sunday nights every other week. This is called a 5/2/2/5 plan, with equal parenting time.
Then, after that is in place, if one parent wants to move away ("relocation"), then we have a real custody case, and the moving parent has to come to court to ask permission in advance.
On top of all that confusion, child support is calculated based upon both parents' incomes and the amount of parenting time, so often the parent who might otherwise be satisfied with every-other weekend in Texas (stereotypically the dad) would fight for equal parenting time in Colorado, because his child support would be lower.