50/50 Custody by Default? Why Colorado's Equal Parenting Time Bill Just Stalled Out

The Bottom Line

This bill would make a 50/50 split of parenting time the automatic legal starting point for custody cases in Colorado, assuming both parents live within 25 miles of the child's school or daycare. It takes the expensive guesswork out of standard custody disputes but still allows courts to step in if there's a substantiated history of abuse, neglect, or serious logistical barriers.

What This Bill Actually Does

Under current Colorado law, judges figure out who gets the kids and for how long by looking at the broad, highly subjective standard of the "best interests of the child." Historically, there has been no automatic starting point that dictates mom and dad should split their time exactly down the middle. SB26-027, formally known as the Parental Equality and Child Empowerment Act (PEACE Act), completely rewrites that legal math. The legislation establishes a formal rebuttable presumption that allocating equal parenting time to both parents is automatically what is best for the child.

What exactly does "equal parenting time" mean in the eyes of this law? The bill defines it as a substantially equal annual allocation of the child's overnight visits, meaning each parent gets at least 45 percent of the overnights over the course of the year. The court is directed to make reasonable adjustments for school schedules, holidays, and other logical considerations. But there are strict geographic guardrails before this 50/50 split automatically kicks in. Both parents must reside within 25 miles of a central, reasonable location determined by the court. This anchor point is usually the child's daycare, preschool, elementary school, or wherever they primarily participate in their educational programming.

Now, "rebuttable presumption" is just legal phrasing for "the default rule unless you can prove it shouldn't be." A parent can challenge the 50/50 split, but they have to bring the receipts. They must provide clear and convincing evidence that equal time isn't safe or practical. The bill outlines very specific dealbreakers: a conviction involving domestic violence, substantiated child abuse, a history of serious substance or alcohol misuse that impairs parenting, a severe mental health disorder, or a documented refusal to actually share parental responsibilities. If a judge decides to override the 50/50 default and restrict someone's parenting time based on these factors, they are legally required to put their specific, factual findings in writing on the public record. Alternatively, if parents simply want to agree to a different split on their own, the court will happily honor that private agreement.

What It Means for You

If you are a Colorado parent who is unmarried, separated, or heading toward a divorce, this legislation fundamentally shifts the landscape of family court. Instead of walking into a mediator's office or a courtroom feeling like you have to aggressively fight for the right to half of your child's time, you get to start at a 50/50 baseline. For many parents—especially those who have historically felt disadvantaged by outdated family court norms—this provides a massive sense of relief. The legislative declaration of the bill specifically points out that children benefit emotionally, psychologically, and academically when both parents are heavily involved. Practically speaking, establishing this default could significantly reduce the bitter, wildly expensive legal fighting that often drains a family's savings during a divorce.

The 25-mile radius rule is the most crucial, everyday detail you need to watch. If you're contemplating a move post-separation, staying within that 25-mile circle of your child's school or daycare is what guarantees your automatic claim to equal parenting time. If you choose to move 30 miles away for a cheaper apartment or a new job, you lose that automatic default protection, leaving your custody arrangement entirely up to a judge's discretion once again. It is highly recommended to sit down with a map and look closely at the exact mileage before you sign a new lease or buy your next home.

It is equally important to understand what happens if your ex-partner is genuinely unfit or dangerous. The law sets a very high bar—clear and convincing evidence—to take away that automatic 50/50 time. You can't just tell a judge your ex is a bad parent or a sloppy housekeeper; you need substantiated, documented proof of things like domestic violence, severe alcohol abuse, or an absolute refusal to let you see your child. If you find yourself in a high-conflict situation where you believe the other parent is a risk, keeping meticulous records, police reports, and written communications becomes more critical than ever to meet this higher, stricter standard of proof.

What It Means for Your Business

For most Colorado business owners, a family law bill might not seem immediately relevant to your quarterly revenue, but the ripple effects of the PEACE Act will definitely alter how several specific industries operate. If you run a family law practice, a mediation firm, or a family counseling service, this fundamentally rewrites your standard operating procedures. By establishing a 50/50 default, the bill aims to eliminate prolonged litigation over basic parenting schedules. Your business model may need to shift slightly away from contentious custody battles and pivot toward collaborative mediation, complex financial asset division, or cases focused strictly on investigating the clear and convincing evidence required to rebut the 50/50 presumption.

If you are a real estate agent, a mortgage broker, or a property manager, you need to pay close attention to the 25-mile geographic anchor written into this legislation. Divorcing parents are going to be hyper-focused on finding housing within exactly 25 miles of a specific daycare or elementary school so they can maintain their equal custody rights. You can expect a highly specific, localized, and urgent demand from newly separated buyers or renters who simply cannot compromise on their search radius. Understanding this 25-mile statutory requirement allows you to better serve clients going through a life transition who might be frantic about staying within a specific neighborhood boundary.

For employers and HR professionals across all sectors, there is a hidden operational benefit here. Employees going through a divorce often experience significant drops in productivity, require extensive time off for court dates, and suffer from high stress. By establishing a clear default for parenting time, this policy aims to streamline the divorce process and reduce litigation time. That means your employees might spend less time fighting in court and drain fewer of their financial resources, allowing them to stabilize their personal lives and return to full productivity much faster. Additionally, if you operate a daycare center or private school, expect a slight uptick in parents requesting formal enrollment verifications to prove their geographic anchor to the court.

Follow the Money

According to the nonpartisan fiscal note, this bill is a rare piece of legislation that doesn't cost Colorado taxpayers a single dime. The state officially projects $0 in state expenditures and requires absolutely no new appropriations or tax hikes to implement.

The Judicial Department might see a very slight administrative bump in workload. Because judges are now required to write out specific, detailed factual findings if they decide to override the 50/50 custody presumption, hearings in highly contested cases could take a fraction longer. However, courts already have standard procedures for documenting unequal parenting time and restrictions involving abuse or neglect. The state expects the existing judicial staff to absorb any minor administrative changes easily, without needing to hire additional clerks or judges. For private citizens, however, establishing a clear baseline could save tens of thousands of dollars in attorney fees by keeping families out of prolonged court battles.

Where This Bill Stands

SB26-027 is currently Dead. The latest official action came on 02/03/2026: Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely.

That means the bill is no longer advancing this session. In practice, measures that are postponed indefinitely or otherwise declared lost generally stay dead unless they are reintroduced in a future session.