I was told there is a newer CO law that addresses the issue of one parent living more than 40 minutes away not being able to expect to have 50/50 custody. Is this true and if so, where can I find more information? Thank you!
There is not a set distance which precludes 50/50 parenting, but it clearly becomes more difficult to handle a 50/50 parenting schedule the further apart the parents live. If the children go to school near Parent A and Parent B lives an hour away, this means that when the children are with Parent B they will have to spend 2 hours per day getting to and from school. This may not be good for them on an ongoing basis. The basic standard remains the best interests of the children.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
If you think of your children having to adjust to the divorce, living in two homes and then driving in a car 40 minutes from one parent's house t school, I can tell you that this works for some children, depending upon how resilient they are and also this is somewhat age dependent. There is no new law as counsel has told you.