Thanks for that. I'm not reading or linking to lawyer blogs like Avvo. I linked to a news article published today indicating that the legislature of Colorado is right at this moment considering a 50/50 law making that be the standard. Which means it is absolutely not the presumption now.
I also linked to law firm websites in which they discuss parenting time, primary parents and the law regarding those issues.
You cited the code. It is almost identical to the best interest standard in my state and nowhere does it remotely indicate that equal parenting time is the rule, the law or even the standard.
In my state there is actually a codified provision that joint custody is presumed as in the best interests of the kids. And that is defined much like in Colorado. It has to do with legal custody (decision making) and is a legal term of art when it comes to physical custody, that makes things like move aways harder.
We also call it parenting time here and have moved away from "visitation".
I don't see many differences between my state (CA) and Colorado.
We do have the ability here for one parent to be the primary custodial parent and the other to be secondary. That happens when one parent works much more often or if other criteria make that in the best interest of the children.
Are you an attorney? You should get verified!
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.