Courts must start with the presumption that equal parenting time serves the child’s best interests when both parents live within 25 miles of the child’s school or childcare. Clear and convincing evidence can overcome the presumption. Senate Bill 26-027 was heard February 3 in Senate State, Veterans & Military Affairs Committee. Sen. Byron Pelton (R-Sterling) and Sen. Cleave Simpson (R) sponsor it.
Current law requires courts to weigh multiple factors when determining “best interests of the child,” but no presumption favors equal time with both parents. Courts can award primary custody to one parent based on subjective factors or judicial preference.
Troxel v. Granville, 530 U.S. 57 (2000) recognized parental rights as fundamental liberty interests protected by the Fourteenth Amendment. Both parents have equal rights to raise their children unless one parent is unfit or poses danger.
The presumption can be overcome with clear and convincing evidence. If a parent is abusive, addicted to drugs or alcohol, mentally unstable, unable to provide a safe home, or likely to flee with the child, the court can award unequal parenting time.
The 25-mile standard ensures practical implementation. When both parents live within 25 miles of the child’s school, the child can attend the same school regardless of which parent has custody that week. Both parents can participate in school events, sports, and activities. Transportation between homes doesn’t create excessive burden.
Decades of research document that children benefit from meaningful relationships with both parents when neither parent is abusive or dangerous. Equal parenting time ensures children maintain strong bonds with both parents after divorce.
Divorce frequently becomes adversarial. One parent may seek primary custody to punish the other parent or gain financial advantage through child support and reduced time obligations. Equal parenting presumption prevents courts from being weaponized in custody disputes.
With Democrat supermajorities, passage is unlikely unless significant bipartisan support emerges.
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