Eight Child Custody Plan Timesharing Options (Children of School Age – Colorado)

Option 1. Every Other Weekend
(Friday 6:00 p.m. to Sunday 6:00 p.m.)
This parenting plan option establishes 12 days separation from the second parent. Divorce research indicates that this is too long for many children, and may diminish the second parent’s importance to the children — with fewer opportunities for involvement in their day-to-day, school and homework activities. In addition, this option provides little relief to the first parent from children responsibilities. This parenting plan option may be preferred, however, given the parents’ history of involvement with the children, available time for parenting, present parenting resources, or, as a transitional approach to timesharing.

Option 2. Every Other Weekend Plus Midweek Visit
(Friday 6:00 p.m. to Sunday 6:00 p.m.,
with every Wednesday 5:00 p.m. to 8:00 p.m.)
This parenting plan option limits separation from the second parent to seven days. Adding the midweek transition could allow for more conflict on the transition back to the first parent’s home. Some second parents describe the evening only visit as too rushed with less time to adequately supervise homework and to “settle in.” This option may be one of a few workable ones with second parents having difficult work schedules, especially those with very early hours.

Option 3. Every Other Extended Weekend
(Friday 6:00 p.m. to Monday 8:00 a.m.)
This parenting plan option with its more expansive weekend for the second parent reduces the opportunity for parental conflict, and with one less transition, minimizes stress for the children. This option generally is not workable if the second parent resides far from the child’s school.

Option 4. Every Other Weekend Plus Midweek Overnight
(Friday 6:00 p.m. to Sunday 6:00 p.m., with Wednesday 5:00 p.m. to Thursday 8:00 a.m.)
This parenting plan option limits separation from the second parent to six days. It also allows for a broader opportunity for the second parent to supervise homework, and to participate in bedtime and waking rituals. The option’s transition at school after the midweek overnight avoids parental conflict. The midweek overnight also affords the first parent a regularly scheduled break in caretaking responsibilities.

Option 5. Every Other Extended Weekend Plus Midweek Overnight (Friday 6:00 p.m. to Monday 8:00 p.m.,
with Wednesday 5:00 p.m. to Thursday 8:00 a.m.)
This parenting plan option mirrors Option 4, but with a longer weekend, thus conferring more schoolwork and activity responsibility on the second parent. Again, the school or daycare pick ups and drop offs limit further, the opportunity for face-to-face parental conflict.

Option 6. Every Other Extended Weekend With Split Midweeks
(Friday 6:00 p.m. to Monday 8:00 a.m., alternating; plus
with Parent A, every Monday after school to Wednesday 8:00 a.m.;
with Parent B, every Wednesday after school to Friday 8:00 a.m.)

This parenting plan option presents a two day / two day / five day / five day approach to timesharing, and limits separation from the other parent to five days (generally tolerated by children ages five or older). All transitions can take place at school or daycare to eliminate the opportunity for parental conflict. By establishing a consistent midweek residence routine, both parents get both midweek and weekend time allowing full involvement in their children’s work and play, and permitting relief from parenting on a predictable basis.

With this option (and with options 5, 7 and 8), it is important and desirable for the children to have clothing at both homes, and the materials and equipment that make their lives work well. Despite the number of transitions, many school age children (especially those six or seven years of age or older) find this parenting plan option satisfying, but it may be inappropriate with children with difficult temperament or learning disabilities.

Option 7. Every Weekend Split (alternating) and Every Midweek Split (assigned)
(Friday 6:00 p.m. to Saturday 6:00 p.m. (shown), or to Sunday 8:00 a.m, week one;
Saturday 6:00 p.m. or Sunday 8:00 a.m. to Monday 8:00 a.m., week two; plus
with Parent A, every Monday after school to Wednesday 8:00 a.m.;
with Parent B, with every Wednesday after school to Friday 8:00 a.m.)
This parenting plan option limits separation from the other parent to three days, but imposes more transitions. It may be more appropriate for preschool children than Option 6, and is sometimes found particularly workable as an interim schedule until children are five or six years of age.

Option 8.  Every Other Week
(Friday 6:00 p.m. to following Friday 8:00 a.m.)

This parenting plan option imposes seven days separation from the other parent, often quite difficult for children younger than six or seven years of age. It eliminates the opportunity for face-to-face parental conflict by minimizing transitions, and allows both parents and mature children to “settle” into a routine. The children’s cyclical residence can, of course, complicate management of scheduled lessons, activity commitments and daycare arrangements. Some adolescents may even prefer a schedule with two week blocks at each household.

• Note: changing households on Friday after school often works better than on the traditional Monday after school approach (allowing for a “winding-down” at the time of transition, rather than requiring “gearing-up” at that time).

Parenting Time (Colorado Law)

VISITATION OR “PARENTING TIME”

“Parenting time” refers to how time with the children will be divided between divorced parents. This term replaced the term, “visitation”, which is now no longer officially used in the Colorado divorce statutes. Courts usually designate parenting time for one parent, and the other parent as the “primary care parent”, or “the parent with whom the children reside the majority of the time”. This designation can be important in determining significant parenting issues, such as whether a parent can permanently leave the state with the children.

In divorce, a court will approve most parenting time plans, so long as the parents agree and the court formally finds the parenting plan to be in the children’s best interests. If there is no agreement, the court will decide how parenting time will be divided, based on this best interests standard.

The statute that addresses children’s best interest states: “The general assembly finds and declares that 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.” Because the Legislature wants “frequent and continuing contact between each parent and the minor children,” judges often award considerable parenting time to non-custodial parents, even if that parent has had less contact with the children in the past. Many judges want to give non-custodial parents an opportunity to reestablish or enhance their parental relationships, even where they have failed to do so previously. This can be very frustrating to a parent who has provided all or most of the parental care, especially since the law also clearly states that parenting time will not be affected by lack of child support payments, which may also be an issue with formerly absent parents.

The amount of parenting time awarded by the court to the non-custodial parent might be affected by many factors. One is the child’s age. Children under about two-and-one-half years old will likely have few, if any, overnights with a non-custodial parent. Judges generally prefer shorter, more frequent parenting time, for younger children. Once a child reaches school age, courts often prefer he or she spend all school nights in one place; thus weekends, holidays and summers become important parenting time opportunities. Because judges do not like to give all free time to one parent, every-other weekend arrangements are common. Dividing holidays also allows both parents to alternately enjoy them with their children. When a parent lives out of state, summers may be used to make up for parenting time that might otherwise occur during the school year.

There is no age in Colorado at which a minor child may decide his or her own parenting time; however, the more mature the child, the more credence a judge will give the child’s wishes. In a parenting time dispute, the court may appoint a special advocate, who is an attorney or mental health professional, to interview the parties, children, and others, to recommend a parenting time plan to the court.

It is important that you carefully consider the long-term ramifications of any parenting plan that you enter into. You should, where necessary, consult with a skilled therapist and attorney, in order to review your options. There should be built-in provisions to enforce the agreement, as well as to modify the agreement. After all, the children’s well being must be the central focus in any well crafted parenting plan.