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What The Death Of HB 16-1110 Means For Child Custody Cases

For the second year in a row, a Colorado bill designed to protect the rights of parents was killed in the state House committee. According to a recent article in the Denver Post, House Bill 16-1110, referred to as the Parent's Bill of Rights, would have given parents more say in educational, medical and child custody matters.

Equal Division Of Parenting Time?

One group that supported the bill was the National Parents Organization. In a press release, the group backed the bill on the basis that it would have encouraged family courts to "make shared parenting the norm when parents divorce or separate." According to the press release, shared parenting allows each parent to spend as close to equal time with the child as possible.

What is interesting is that, while the previous iteration of the bill did specifically mention parenting time issues, this version, which can be read on the Colorado General Assembly's official website, did not make mention of shared parenting or equal parenting time. This raises the question: How, if at all, would the bill have had an impact on child custody matters?

Understanding How Child Custody And Parenting Time Cases Work Currently

In the article, the founder of the National Parents Organization is quoted as saying, "No loving and fit parent should ever lose the inherent right to spend significant, meaningful time with his or her child." Current family law does not necessarily disagree.

Colorado family courts recognize the importance of both parents playing an active role in the life of a child. While a 50/50 split of parenting time is not presumed to be the best approach, it is a possibility, as each case is considered on its own merits. The standard upon which these decisions are made is the best interest of the child. The courts recognize that both parents should continue to play an important role in the life of the child.

If you are involved in a child custody dispute and are worried about not being able to spend substantial time with your child, you may want to discuss your case with an experienced attorney. At Scardina Family Law, we can answer your questions about Colorado family law and provide guidance in your child custody case.

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