Hmm. I mean I'm seeing that it's favored but not that it's guaranteed:
Criteria for Determining Living Arrangements
Parenting time is the actual time the parent is physically with the child. As mentioned above, this may not be divided equally.
Another criteria that is very important is each parent’s previous pattern of involvement with the child. An active parent who has long been the primary caregiver is more likely to receive majority parenting time. Parental conduct is also a factor as are support systems such as
grandparents.
https://www.google.com/amp/s/www.denverfamilylawmatters.com/blog/joint-child-custody-colorado?hs_amp=true
I see link after link of CO family law firms discussing primary parent and the best interest standard and how equal parenting time is not standard.
Top 10 Child Custody Mistakes in Colorado | Tolison & Williams, LLC
If it was typically or automatically 50/50 why would so many law firms be making statements like this?
And why would this article (posted today it appears) , be discussing the push for a bill that would make it easier for parents to get equal parenting time in CO?
"On the one hand, Colorado Senate Bill 15-129 —
the 50/50 parenting bill — would recognize parental rights as fundamental rights, and it would allow parents to have equal chance for custody in a divorce."
Child Custody Could Have More Chance of a '50/50' Split If Bill Passes in Colorado - In Denver Times
There is nothing in the law that I've found in CO that states equal parenting time is automatic there. Or even typical. Just that having a child spend as much time with both parents is favored. It sounds like it comes down to best interest of the child standard as in most states in the US.
Otherwise, you are saying that if a couple has toddlers or even babies and one parent was a stay at home parent and has more availability to care for the kids, the other parent will get equal time and shove the babies in daycare. Even though one parent is available to care for them while the other is not.
I don't practice in CO but it doesn't seem to me at all that he was guaranteed an equal time share.
Gitana1, look, I've been doing this for 8 years, but rely on your own research if you want to. Do you live in a state where one parent has primary custody and the other gets visitation time? I can tell you that Colorado is much different than that, and it takes a long time to get a handle on how parenting time is divided here.
I would be careful what you read on lawyer's blogs---sometimes those blogs are written by bots at Avvo or Thompson West (or whatever the name is today). They are also written to try to lure unsuspecting clients in and get them to pay a bunch of money.
No, there are no guarantees of absolutely 50/50 parenting time. As I have said, there is not standard parenting time presumption in Colorado. I used to work in Texas, where they had a Standard Possession Order, and it was presumed that one parent had "custody" and the other got "visitation" on the first, third, and fifth weekends. Colorado has no presumptions. The judge is supposed to compare the facts in the case against "all relevant factors" including nine specific factors (as opposed to only three factors mentioned in the blog you linked to above). Here is the statute (14-10-124 C.R.S.):
(a) Determination of parenting time. The court, upon the motion of either party or upon its own motion, may make provisions for parenting time that the court finds are in the child's best interests unless the court finds, after a hearing, that parenting time by the party would endanger the child's physical health or significantly impair the child's emotional development. In addition to a finding that parenting time would endanger the child's physical health or significantly impair the child's emotional development, in any order imposing or continuing a parenting time restriction, the court shall enumerate the specific factual findings supporting the restriction and may enumerate the conditions that the restricted party could fulfill in order to seek modification in the parenting plan. When a claim of child abuse or neglect, domestic violence, or sexual assault where there is also a claim that the child was conceived as a result of the sexual assault has been made to the court, or the court has reason to believe that a party has committed child abuse or neglect, domestic violence, or sexual assault where there is also a claim that the child was conceived as a result of the sexual assault, prior to determining parenting time, the court shall follow the provisions of subsection (4) of this section. In determining the best interests of the child for purposes of parenting time, the court shall consider all relevant factors, including:
(I) The wishes of the child's parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;
(IV) The child's adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party's protective actions shall not be considered with respect to this factor;
(VII Whether the past pattern of involvement of the parties with the child reflects ) a system of values, time commitment, and mutual support;
(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
(IX) Repealed. and
(X)
(XI) The ability of each party to place the needs of the child ahead of his or her own needs.
So every parent can design their own parenting plan and can come into court and argue for it. But in practice (again, you won't find this in the law), will almost always start with the presumption of 50/50 parenting time (though how to implement it is open), and then they will add or subtract to one parent or the other based upon the facts of the case as applied to the factors enumerated above.
Add to that the judges' hate of child custody cases and having to make decisions, and many courts will give 50/50 parenting time in all but a few cases. And it doesn't matter as much as you might think who has been the "primary caretaker." (i.e., who feeds and bathes the kids, takes them to the doctor, etc.) Judges will say that the parents divided roles in the marriage, but that shouldn't handicap dad once the marriage is over.
So you are right, there is no guarantee that CW gets 50% parenting time, but if the parents live in close proximity, then it's going to be pretty close to 50/50, unless there's a good reason why it shouldn't be. Again, this assumes that they live in close enough proximity to make it workable. And also, I am answering this based upon what we knew about CW and SW before the deaths.