One of the most common questions parents ask during a divorce or custody dispute is:

“Is 50-50 custody the default in Colorado?”

The short answer is No.

Colorado courts do not automatically award equal parenting time, and there is no legal presumption that a 50-50 schedule is always best. Instead, courts focus on one central question: What arrangement is in the best interests of the child?

Understanding how Colorado courts approach custody can help parents set realistic expectations and better prepare for the legal process.

What Does Custody Mean in Colorado?

Interestingly, Colorado law does not typically use the word “custody.” Instead, courts refer to:

• Parenting Time – when the child is with each parent
• Decision-Making Authority – who makes major decisions for the child

These two issues are considered separately, and courts may divide them in different ways depending on the family’s circumstances.

Colorado Is Not Automatically a 50-50 Custody State

There is a common misconception that Colorado courts automatically award equal parenting time.

That is not true.

Colorado courts do not begin custody cases with assumptions such as:

• “Mothers get more parenting time”
• “Fathers get equal parenting time”
• “50-50 is always best”

Instead, courts evaluate each family individually under Colorado’s best interests of the child standard found in C.R.S. § 14-10-124.

Courts Encourage Both Parents to Remain Involved

Although 50-50 custody is not automatic, Colorado law does encourage frequent and continuing contact between children and both parents.

In practice, this means courts generally want children to maintain meaningful relationships with both parents whenever possible.

However, meaningful involvement does not always mean an exact 50-50 split.

Does the Child Get to Choose?

Colorado courts may consider a child’s wishes if the child is considered mature enough to express a reasoned preference.

However, courts are careful not to place children in the middle of the dispute or force them to “choose sides.”

The child’s preference is only one factor among many.

How Decision-Making Authority Works in Colorado

In addition to parenting time, courts must decide who has authority over major decisions involving the child.

This can include:

• Medical care
• Education

Colorado courts may order:

• Joint decision-making
• Sole decision-making
• Or split authority over specific issues

For example:

• One parent may have sole medical decision-making
• While both parents share educational decision-making

Importantly, Colorado law specifically prohibits courts from favoring a parent based on gender.

Are Courts Hesitant to Award Sole Decision-Making?

In many cases, yes.

In our experience, courts are often reluctant to give one parent total control over major decisions unless there is a strong factual basis to do so.

Especially with younger children, courts generally prefer maintaining involvement from both parents whenever possible.

What Does a 50-50 Parenting Schedule Look Like?

When courts do order equal parenting time, the exact schedule depends on what works best for the child.

Two common examples include:

Week-On / Week-Off Schedule

One parent has the child for:

• One full week

Then the other parent has the next week.

This arrangement is often more suitable for:

• Older children
• Families with stable routines

5-2-2-5 Schedule

A very common equal parenting schedule is the 5-2-2-5 schedule.

Example:

• Parent A → Monday & Tuesday
• Parent B → Wednesday & Thursday
• Parents alternate weekends

This schedule allows:

• Frequent contact with both parents
• More consistency for younger children

Stability for the Child

In practice, courts consider whether a parenting plan creates stability and minimizes disruption.

For example, courts generally do not want:

• Young children spending excessive time traveling between homes
• Long daily commutes
• Constant schedule disruptions
• Uncertainty regarding who is responsible for the child during a particular time

The parenting plan must fit the child’s age, school schedule, emotional needs, and practical realities.

Key Takeaways About Custody in Colorado

If you’re asking whether 50-50 is the default for custody in Colorado, here’s the bottom line:

• Colorado does not automatically award equal parenting time
• Courts focus on the best interests of the child
• Both parents are encouraged to remain involved
• Parenting schedules depend on the child’s specific needs
• Courts do not favor mothers or fathers automatically

Talk to a Colorado Child Custody Lawyer

Custody disputes can be emotionally difficult and legally complex.

At CNL Law Firm, we help parents understand their rights, protect their relationships with their children, and work toward parenting plans that truly serve the child’s best interests.

Contact us today to discuss your custody case in Colorado.