Q: What is Colorado law for time with children who are out of state?

A: There is no specific custody division provided in the statutes. There is general language about Colorado favoring joint custody, but this always subject to judicial review. Out-of-state transfers tend to favor blocks with the children residing with a one parent during the school year and the other parent during the summer. Age of the children, private agreements between the parents, CFI reports, and other factors can change these basic assumptions.

Requesting (and getting) sole custody is very difficult in Colorado unless there is well documented abuse towards the children by a parent and/or the other parent does not contest the sole custody request.

Neither party is required to accept anything during mediation and the mediator cannot force a decision. Mediation exists primarily for encourage the parties to agree on some routine issues and to get a better idea of what the other side wants. Usually the hot issues (e.g. custody, alimony, and some property divisions) tend to go to trial or are negotiated on the eve of trial.

A: There is no set law as to what parenting time would be and more information is needed. Is this post-final orders or pre-final orders. For pre-final orders, the standard will be the court determining which parent is best suited to have the children in a primary residential sense and then parenting time will be set for the non-custodial parent. The kids' ages matter. Presuming they are school age kids, the norm for the non-custodial parent would be the majority of the summer, at least half of winter break, alternating spring/fall breaks (if not every), perhaps alternating Thanksgiving breaks, and the right to travel to where the kids are, perhaps for a weekend a month, with written notice of the intended visit. Again, each case is different and you should consult with an attorney regarding your specific situation.

A: She is not permitted to take the children out of state, unless you agreed to it or she got a court order allowing it. You can take action to have the court order them returned to Colorado. If they are going to remain out of state, you need a parenting plan that permits you as much access to the children as is practicable, given the distance involved, the age of the children, their school schedules, and the family finances available for travel expenses.Hopefully, you will be able to reach an agreement about this in mediation.