I may have misunderstood your post, did SW know for sure that CW has moved on? If so, how long did she know?
If I remember correctly, Colorado has 50;50 custody as a default, therefore it isn't a forgone conclusion that the alimony would be a big issue. I've seen nothing to date that implicates that it would be an issue, have you?
Nowhere in Colorado law does it state "50/50" is a default.
It is preferred by most judges but still needs to be fought for. As multiple Colorado family law attorney websites attest to. (They're in business for a reason).
It is doubtful that 50/50 would be granted to a man with his work hours, when his wife is available, of pre -k children and a coming breast-feeding infant.
A court is not going to give a newborn to a parent to put in daycare when another parent is available and isn't unfit.
The standard for custody decisions in Colorado is best interest of the child:
(1) Legislative declaration. While co-parenting is not appropriate in all circumstances following dissolution of marriage or legal separation, the general assembly finds and declares that, in most circumstances, it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage.
(1.5) Allocation of parental responsibilities. The court shall determine the allocation of parental responsibilities, including parenting time and decision-making responsibilities, in accordance with the best interests of the child giving paramount consideration to the child's safety and the physical, mental, and emotional conditions and needs of the child as follows:
(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 by Laws 2013, Ch. 218, § 2, eff. July 1, 2013.
(X) Repealed by Laws 2013, Ch. 218, § 2, eff. July 1, 2013.
(XI) The ability of each party to place the needs of the child ahead of his or her own needs.
Colorado Revised Statutes Title 14. Domestic Matters § 14-10-124 | FindLaw
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