Colorado has no age tables.
The statute lists best-interests factors, not ages. Evaluators cite the research and other states’ guides.

Colorado has no official schedule by age. A court decides on the child’s best interests, and the evaluators and judges who apply that standard read the developmental research and other states’ guidelines. Here is what those sources say for each stage from birth to eighteen, where researchers disagree about overnights for babies and toddlers, and what the research does not support.
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A two-year-old and a fifteen-year-old need different schedules. Colorado law does not say which.
The custody statute tells a judge what to weigh, not what to order: the child’s relationships, the child’s adjustment, each parent’s past involvement, the distance between the homes, and the child’s own wishes if the child is mature enough to have reasoned ones. It contains no chart by age, and no statewide rule supplies one. So when parents disagree about a baby’s overnights, or about how much a thirteen-year-old’s opinion counts, the argument is made from two other sources: decades of developmental research, and the parenting-time guidelines other states publish. Evaluators cite both. Judges read them. Neither binds a Colorado court.
This page sets out what those sources say for six stages, naming each study and guideline so you can read it yourself, and it is candid about where the research is settled and where it is not; the sharpest dispute, over overnights before age three, is presented side by side. It is not psychological advice, and it describes groups of children, not yours. Colorado law is stated as of September 2026, including the Supreme Court’s May 2026 decision on restrictions and the 2026 domestic-violence amendments. The patterns themselves are drawn on Parenting-Time Schedules; the clauses that make any schedule work are on The Parenting Plan, Clause by Clause.

Colorado has no age tables.
The statute lists best-interests factors, not ages. Evaluators cite the research and other states’ guides.
Overnights before three: no blanket bar.
In 2014 researchers from opposite sides of the debate agreed there is no blanket bar on overnights before age three, with caution about frequent overnights for the youngest and an established relationship with that parent, generally six months or more, first.
No age at which a child decides.
A child’s wishes count if the child is mature enough to express reasoned, independent preferences. No Colorado statute names twelve or fourteen.
The general assembly’s stated goal is “frequent and continuing contact between each parent and the minor children” where that is appropriate, and the court allocates parenting time “in accordance with the best interests of the child, giving paramount consideration to the child’s safety and the physical, mental, and emotional conditions and needs of the child” (C.R.S. § 14-10-124(1), (1.5)). Age enters through those needs, not through a table.

The same factors apply at every age. The child’s age changes which of them carry the weight.
The factors are the parents’ wishes; the child’s wishes, if the child “is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule”; the child’s relationships; adjustment to home, school and community; everyone’s health; each parent’s ability to support the child’s relationship with the other; each parent’s past involvement; the distance between the homes; and each parent’s ability to put the child first (C.R.S. § 14-10-124(1.5)(a)). For a baby, past hands-on care and distance usually decide the case; for a teenager, the child’s reasoned preferences and school life come forward. More on the factors: Parental Responsibilities.
What the court may not do. Presume either parent is better for the child because of sex (C.R.S. § 14-10-124(3)), or consider conduct that does not affect a parent’s relationship to the child (C.R.S. § 14-10-124(2)); and it must strive not to consider biased information or recommendations (C.R.S. § 14-10-124(1.5)(a.5)). There is no maternal preference for infants in Colorado law.
What exists instead of a table. A statute authorizes “parenting time guidelines” as one tool of an optional enforcement program (C.R.S. § 14-10.5-104(1)(a)(VI)); I have found none adopted statewide. The Judicial Branch website still hosts a 2004 booklet (Irvine, Connecting With Your Kids) whose “By age 3, parenting time can include overnights” implies a wait the later research does not support. In my experience, evaluators cite the research and the guidelines other states have published, and judges treat them as evidence, not rules.
No Colorado statute lets a child of any age choose. The child’s wishes count only if “reasoned and independent”; a coached preference, or a wish for fewer rules, carries little weight. On a motion the court may interview the child in chambers, with a record made, and must explain why it granted or denied the request (C.R.S. § 14-10-126(1)). More often the child’s views arrive through a CFI or an evaluator. Children also have statutory rights of their own, including to be safe in each parent’s care (C.R.S. § 14-10-123.4(1)).
Restricting a parent’s time requires a finding that it would endanger the child’s physical health or significantly impair the child’s emotional development (C.R.S. § 14-10-129(1)(b)(I)). In In re Marriage of Dale, 2026 CO 35, the Supreme Court held that a restriction “arises only when a court either zeros out parenting time altogether or places qualitative constraints on how parenting time is exercised—constraints on the manner, location, or environment of parenting time, such as supervision requirements, prohibitions on overnight visits, or limits on where parenting time may occur.” Fewer overnights is a best-interests modification; no overnights is on the restriction side of the line. Not every qualitative condition is a restriction, the court added, and it has not decided whether an infant plan that starts with daytime contact and adds overnights on a schedule is a “prohibition.” (Two justices, concurring only in the judgment, used a nursing eleven-month-old to attack where the line was drawn.) Until that is decided, a written step-up that adds overnights by date or milestone is safer ground than an open-ended “no overnights until further order.” Changing a plan later: Modifying Custody.
The research below assumes a safe home. Since HB 26-1309 (effective May 27, 2026), a court that finds domestic violence, child abuse or neglect must impose conditions that keep the child and the abused parent safe, and the plan may include limits on contact, protected exchanges, supervised time, restricted overnights, and no alcohol or drugs “during parenting time or for twenty-four hours prior” (C.R.S. § 14-10-124(1.6)(a)). Mutual decision-making over the abused parent’s objection requires specific findings that it can occur “without coercion, intimidation, retaliation, or risk of harm” (C.R.S. § 14-10-124(1.5)(c)).
Colorado has no age table. It has factors, and a body of research that evaluators read to apply them.
Most of this research is correlational: it shows which arrangements go with which outcomes, not what causes them, and families who share care are not a random sample. Four findings hold across it. One question divides it.
“More important for the child’s mental health than the type of custody is the quality of parenting that the child receives from each parent” (Cohen & Weitzman, American Academy of Pediatrics, 2016, Pediatrics; see Emery, 1982, Psychological Bulletin).
Every guideline surveyed here moves from short, frequent contact for infants toward longer blocks with fewer exchanges (Kelly & Lamb, 2000; Indiana, 2022; Oregon, 2008).
So found Nielsen’s review of 60 studies (2018, Journal of Divorce & Remarriage); the samples are dominated by well-educated, low-conflict parents who chose it (Steinbach, 2019, Family Process).
Plans “initially conservative about overnight frequency,” with step-ups “forecast in advance” (McIntosh, Pruett & Kelly, 2014, Family Court Review).
| Who | Published | What they concluded |
|---|---|---|
| Kelly & Lamb | 2000, Family and Conciliation Courts Review | Children under two or three need more transitions, not fewer, to keep both relationships going; most two-year-olds can manage two consecutive overnights with each parent; blocks of five to seven days should wait. Answered from the attachment side by Solomon & Biringen (2001, Family Court Review), drawing on Solomon & George (1999); Lamb and Kelly replied. |
| McIntosh, Smyth & Kelaher | 2010 report to the Australian Attorney-General; 2013, Journal of Family Studies | More shared overnights predicted some less settled behavior in infants and two-to-three-year-olds, and nothing at four to five. McIntosh and her co-authors later noted “small sample sizes for the infant group and relatively small effects.” |
| Tornello, Emery et al. | 2013, Journal of Marriage and Family | In a mostly low-income, never-married U.S. sample, “frequent overnights were significantly associated with attachment insecurity among infants,” less clearly for toddlers. |
| Warshak, with 110 endorsers | 2014, Psychology, Public Policy, and Law | In normal circumstances the evidence supports shared residential arrangements, including overnights, for children under four, and gives no basis for postponing regular overnights with both parents. |
| Nielsen | 2014, Psychology, Public Policy, and Law | One comparison group in the Australian infant study had “as few as 14 and never more than 20 infants,” and a key scale had “no reported reliability or validity.” |
| McIntosh, Smyth & Kelaher | 2015, Psychology, Public Policy, and Law | Called Warshak’s criticisms “serious misrepresentations” of their study and questioned consensus by endorsement on a question science cannot yet settle. |
| Fabricius & Suh | 2017, Psychology, Public Policy, and Law | Overnights for infants and two-year-olds, up to equal time, went with better long-term relationships with both parents, even where imposed over a parent’s objection. Correlational, as the authors say. |
| Warshak | 2018, Journal of Divorce & Remarriage | “No coherent theory or research confirms speculations that fathers’ overnight care poses greater risks to their young children than daytime care.” |
In order of publication. Full citations in the Sources fold below.

No blanket bar on overnights under three; caution about frequent overnights where a relationship is new or conflict is high.
In 2014 three researchers whose work had been cited on opposite sides, Pruett, McIntosh and Kelly, published a joint statement in Family Court Review, the journal of the Association of Family and Conciliation Courts (AFCC). Their consensus: “Cautions against overnight care during the first three years are not supported. The limited available research substantiates some caution about higher frequency overnight schedules with young children, particularly when the child’s relationship with a second parent has not been established and/or parents are in frequent conflict to which the child is exposed” (Part I).
Their companion chart (Part II) sorts families into rare or no overnights, one to four a month, and five or more, weighing eight considerations “in order of importance,” beginning with safety and the child’s trust in each parent, and including each parent’s mental health (“no or well-managed drug and alcohol issues”), breastfeeding, the co-parenting relationship and whether the parents “live within a manageable commute.” The authors reject “unqualified presumptive ‘for’ or ‘against’ rules.” The AFCC think tank’s report the same year reached the same place for every age: decisions are case-specific, and no single division of time fits every family (Pruett & DiFonzo, 2014, Family Court Review).
The most consistent finding in the research is not about any schedule. It is about conflict, and the quality of the parenting on each side of it.
Attachment forms through everyday care, and a baby cannot hold an absent parent in mind for long: out of sight, out of mind. Separation and stranger anxiety rise around six months (AAP, 2016), and by six to nine months children form “multiple and simultaneous attachments” to the people who care for them (Massachusetts Chapter of the AFCC, Planning for Shared Parenting, 2004).
Frequency over duration. “For infants, short frequent visits are much better than longer visits spaced farther apart,” ideally with no more than two days between contacts (Indiana Parenting Time Guidelines, 2022, commentary). The contact should be real care: feeding, bathing, naps, bedtime (Kelly & Lamb, 2000).
Overnights, where the parent has been a hands-on caregiver. Published birth-to-two schedules run from three daytime periods a week, through one or two non-consecutive overnights a week, to an equal schedule with no more than two days away, the last only for parents who can agree on it. Oregon’s most involved plan adds one overnight a week in the first year and two in the second (Oregon State Family Law Advisory Committee, 2008). Indiana allows an overnight only where the parent “has exercised regular care responsibilities for the child,” and no more than one 24-hour period a week.
The disagreement. McIntosh, Pruett and Kelly: even when every condition is met, five or more overnights a month “are not generally indicated for infants 0–18 months,” and “an agreed ‘step-up’ plan is helpful in progressing toward overnights” (2014, Part II). Warshak and his endorsers see no reason to postpone regular overnights in normal circumstances (2014). Tornello tied frequent infant overnights to insecure attachment (2013); Fabricius and Suh tied overnights to stronger relationships later (2017). Both are correlational. In my experience the facts decide it: a baby securely attached to both parents, with parents nearby and calm exchanges, is a different case from a baby who barely knows one of them.
Breastfeeding. The McIntosh chart counts an infant who “is exclusively breast-feeding or will not yet accept a bottle” as a reason for fewer overnights for now. The guidelines are also clear that nursing is not a reason to keep the father from the child: he can feed expressed milk once nursing is established. A plan can schedule around feedings now and step up as the baby takes a bottle.
Transitions. The same sleep and feeding routines in both homes, a short daily log that travels with the baby, and calm exchanges, handled by a third party if need be. In Colorado, put the step-ups in writing with dates or milestones; after Dale, a bare “no overnights” term invites a challenge.
Toddlers want autonomy and protest separations. Under stress they may slide backward: “Developmental regression, including loss of toileting and language skills, is not uncommon” (AAP, 2016). Predictable routines in both homes carry them through.
Consecutive overnights, in small numbers. Most toddlers can manage two consecutive overnights with each parent; five-to-seven-day blocks should wait (Kelly & Lamb, 2000). Oregon’s guide for twenty-four to thirty-six months: “Ideally, child should not be separated from either parent for more than 4 days.” Other published schedules for this age add two consecutive overnights a week, or a two-days-then-three rotation. The Massachusetts AFCC guide: “It is preferable to begin with overnights spaced throughout the week, particularly if dealing with an only child.” That is the logic of 2-2-3: no more than three nights from either parent.
Where a parent has not been a regular caregiver. Indiana keeps daytime blocks until the parent has exercised time for nine months; the McIntosh chart wants a trusting relationship of six months or more before frequent overnights. The answer is a step-up with dates, not a permanent daytime schedule.
Transitions and communication. “Resistance to exchanges is normal for many children” (Massachusetts AFCC guide), and it is often easier for a toddler if the parent the child is with does the drop-off. Calls should be brief, daily and at a set hour. Distress that fades soon after a handoff is common; the McIntosh chart treats irritability, clinging or regression persisting three to four weeks as a signal to adjust.
Preschoolers begin to understand days and weeks, fear the dark, and, by four or five, “may blame themselves for the separation” (AAP, 2016). Friends and preschool start to matter.
What the guidelines suggest. Kelly and Lamb (2000) wrote that many preschoolers are comfortable with extended weekends and weekday overnights in each home, but most are stressed by separations from either parent longer than three or four days. The toddler schedules generally carry over to this age; Oregon’s most involved plan includes 2-2-5-5; Indiana moves to its standard alternating-weekend schedule at three, with up to four extended weeks a year at ages three and four.
What the evidence shows. Among 3,656 Swedish children aged three to five, “joint physical custody arrangements were not associated with more psychological symptoms” (Bergström et al., 2018, Acta Paediatrica); the Australian study found no overnight effects at four to five (McIntosh, Smyth & Kelaher, 2013). Both are snapshots.
Transitions and holidays. A favorite stuffed toy or a family photo travels well between homes. After age three, children become more aware of holiday celebrations, which is when the holiday schedule starts to matter to the child as well as the parents; see the holiday clauses. Not supported: single blocks of a week or more away from either parent for most children this age (Kelly & Lamb, 2000).
School-age children worry about loyalty, may hope the parents will reunite, and can slip at school (AAP, 2016). Friends, activities and homework now shape the week, and by ten to twelve children often want a say in where they live.
What the guidelines suggest. The range widens. Published school-age schedules run from two consecutive overnights every other week to alternating weeks, with 2-2-5-5 (each parent has the same two consecutive weekday overnights each week and the weekends alternate) in between. As a child matures, longer periods with fewer exchanges are usually preferred. Indiana gives the other parent half of summer from age five.
What the evidence shows. Most joint-custody research is about this age group (Steinbach, 2019). Swedish sixth and ninth graders in joint physical custody reported fewer psychosomatic problems than children living mostly or only with one parent, though more than children in intact families (Bergström et al., 2015, Journal of Epidemiology and Community Health, 147,839 children). Where conflict stayed high for years after the divorce, more shared parenting went with poorer adjustment, and high-quality parenting by at least one parent with better adjustment (Mahrer et al., 2018, Journal of Divorce & Remarriage).
Transitions and communication. Exchanges at school, so the parents never meet at a door. “Children should be given the opportunity and privacy to call the other parent” (Massachusetts AFCC guide); see the communication clause. Not supported: the claim, repeated online without a source, that alternating weeks is wrong for every child under ten; and reading the joint-custody research as proof that a schedule causes better outcomes.
Teenagers need independence and a life of their own: friends, sports, jobs, driving, college. The schedule has to make room for it without handing them the pen.

Peers and activities compete with the schedule, and many young teenagers begin to negotiate their own time. The Massachusetts AFCC guide calls it “appropriate for children of this age to begin to negotiate their time directly with each parent,” and says it is “of paramount importance for parents to talk directly with each other to be certain that the child is safe and accountable.” Flexibility is negotiated between the parents, not won by playing one against the other. Indiana’s commentary is blunt: a teenager “should never be used as the ‘tie breaker.’”
Colorado. A thirteen- or fourteen-year-old’s reasoned wishes usually carry real weight, and the court can hear them in chambers (C.R.S. § 14-10-126(1)). They remain one factor. No statute says twelve or fourteen decides, and a parent must still make reasonable efforts to get a reluctant teenager to the other home; a refusal is a reason for a motion, not for ignoring the order.
Jobs, cars, school load and college applications take over the calendar. Many teenagers do best with a primary home base and specific evenings, weekends and activities at the other home, scheduled regularly and predictably; a teenager will usually want a say in the plan, but the teen does not get to choose. Other teenagers do well on alternating weeks. Write consultation and a yearly review into the plan instead of a rigid rotation, and keep holidays defined. Support generally runs to nineteen, and while a child is still in high school to the end of the month after graduation (C.R.S. § 14-10-115(13); When Child Support Ends).
A teenager gets a voice. The plan, and the court, keep the vote.
A summary of the guidance above, for comparison. Read the paragraph under it before you use it.
| Stage | What the child needs | What the guidelines suggest | Overnights | Transitions and contact |
|---|---|---|---|---|
| Infants 0–18 months | Responsive care from both parents; steady sleep and feeding | Short, frequent contact in everyday care; ideally no more than two days without each parent (Indiana) | One or two a week with a hands-on parent (Oregon, Indiana); five or more a month “not generally indicated” (McIntosh et al.); Warshak disagrees | A daily log between homes; calm, brief exchanges; plan around nursing |
| Toddlers 18–36 months | Routine; autonomy; separation protest | Two consecutive overnights (Kelly & Lamb); no more than about four days apart (Oregon) | Spaced through the week, then a written step-up toward 2-2-3 | Drop-off by the parent the child is with; brief daily calls |
| Preschool 3–5 | Predictability; reassurance against self-blame | Extended weekends and weekday overnights; separations of three or four days at most (Kelly & Lamb) | 2-2-3 or 2-2-5-5; Indiana’s standard schedule from three | Comfort objects travel; holidays begin to matter |
| School age 6–12 | School, homework, activities; relief from loyalty conflicts | Every-other-weekend models through 2-2-5-5 and alternating weeks | Up to equal time where the homes are near the school | Exchanges at school; private calls with the other parent |
| Early adolescence 12–15 | Independence, identity, peers | Structure, with flexibility negotiated between the parents (Massachusetts AFCC) | Equal time or a home base; reasoned wishes weigh more | Parents talk directly; the teen is never the tie-breaker (Indiana) |
| Older teens 16–18 | Jobs, driving, school load, college | A home base with set time at the other home, or equal time | Set by the plan, reviewed each year | Consultation written in; holidays still defined |
Sources as cited in each section above. Ages are approximate; the guidelines themselves call their age ranges estimates.
Read this before you use the table. This page is not psychological advice, and it is not a prediction for your case. Every child is different. A Colorado court decides on the child’s best interests under C.R.S. § 14-10-124, on the evidence about your child and your family. The research and the out-of-state guidelines summarized here are what evaluators commonly consult, not rules, and they describe groups of children, not yours. Ask your child’s pediatrician. To see a schedule in overnights and support, use the parenting-time calculator; a move is its own case (Relocation & Move-Away).
Six things, in the order they come up. Not advice for your child; what I have watched work and fail for thirty years.

Age is a proxy. Temperament, each parent’s role before the separation and the distance between homes matter more than a birthday.
A step-up with dates or milestones grows with the child without another hearing, and after Dale it is safer ground than an open-ended no-overnights term.
Conflict the child sees does more harm than any schedule. Exchange at school, or through a third party.
Judges have heard both sides of the overnight debate. Show what this child needs, through the pediatrician and the daycare, not a journal.
A reasoned preference from a fourteen-year-old carries weight. A threat to stop going does not change the order; a motion does.
Every step-up moves child support under the 2026 table. Run the numbers for each stage before anyone signs.
Colorado has official parenting-time guidelines by age.
It has none. The age-based guides evaluators cite come from other states and the research.
Babies should not have overnights until they are three.
Researchers on both sides of the debate rejected a blanket bar in 2014. Caution about frequent overnights for the youngest is a narrower point.
A breastfeeding baby cannot spend time with the other parent.
Nursing shapes the schedule; it does not veto it. Plan around feedings and step up as the baby takes a bottle.
At twelve, or fourteen, a child chooses where to live.
No Colorado statute says so. The child’s reasoned wishes are one factor, weighed by maturity.
Equal time is right for every child.
The research favors shared care where conflict is low and the homes are close, not any one split for every child.
A toddler crying at exchanges proves the other home is bad.
Resistance to exchanges is normal for many young children. Distress that lasts for weeks is worth raising with the pediatrician.
C.R.S. § 14-10-124 (2026), including (1.5)(c) and (1.6), added by HB 26-1309 (eff. May 27, 2026); C.R.S. § 14-10-126(1); C.R.S. § 14-10-123.4(1); C.R.S. § 14-10-129(1)(b)(I); C.R.S. § 14-10.5-104(1)(a)(VI); C.R.S. § 14-10-115(13). In re Marriage of Dale, 2026 CO 35, ¶ 23 (majority) and ¶ 66 (concurrence in the judgment). Seventeenth Judicial District trial management order (2017 version), ¶ 12. Irvine, Connecting With Your Kids, 2d ed. (Colorado Foundation for Families and Children, 2004).
Kelly & Lamb (2000), Family and Conciliation Courts Review 38(3):297–311. Solomon & George (1999), Attachment & Human Development 1(1):2–33. Solomon & Biringen (2001), Family Court Review 39(4):355–364; Lamb & Kelly (2001), reply, 39(4):365–371. McIntosh, Smyth, Kelaher, Wells & Long (2010), report to the Australian Attorney-General’s Department. McIntosh, Smyth & Kelaher (2013), Journal of Family Studies 19(3):224–239. Tornello et al. (2013), Journal of Marriage and Family 75(4):871–885. Warshak (2014), Psychology, Public Policy, and Law 20(1):46–67. Nielsen (2014), “Woozles,” Psychology, Public Policy, and Law 20(2):164–180. McIntosh, Smyth & Kelaher (2015), Psychology, Public Policy, and Law 21(1):111–119. Pruett, McIntosh & Kelly (2014), Part I, Family Court Review 52(2):240–255. McIntosh, Pruett & Kelly (2014), Part II, Family Court Review 52(2):256–262. Pruett & DiFonzo (2014), “Closing the gap,” Family Court Review 52(2):152–174. Fabricius & Suh (2017), Psychology, Public Policy, and Law 23(1):68–84. Warshak (2018), “Night shifts,” Journal of Divorce & Remarriage 59(4):282–323.
Emery (1982), Psychological Bulletin 92(2):310–330. Lamb (2012), in Kuehnle & Drozd (eds.), Parenting Plan Evaluations (Oxford), 214–243. Bergström et al. (2015), Journal of Epidemiology and Community Health 69(8):769–774. Bergström et al. (2018), Acta Paediatrica 107(2):294–300. Nielsen (2018), Journal of Divorce & Remarriage 59(4):247–281. Mahrer, O’Hara, Sandler & Wolchik (2018), Journal of Divorce & Remarriage 59(4):324–347. Steinbach (2019), Family Process 58(2):353–369. Cohen, Weitzman et al., American Academy of Pediatrics (2016), Pediatrics 138(6):e20163020, a clinical report (AAP reports lapse after five years unless reaffirmed). The American Psychological Association’s custody-evaluation guidelines (American Psychologist 65(9):863–867, 2010; a later revision is reported that I have not reviewed) govern how evaluators work, not what schedule to choose.
Indiana Parenting Time Guidelines (2001, amended effective Jan. 1, 2022), with commentary. Oregon State Family Law Advisory Committee, sample parenting schedules by age (2008). Massachusetts Chapter of the Association of Family and Conciliation Courts, Planning for Shared Parenting (2004, rev. 2006). Each describes itself as a tool for parents, not law.
The schedule is for the child in front of the court, and for the child that child will be in two years. Write both.
Start with a confidential conversation: tell me about your child →
No. Colorado’s custody statute lists the factors a court weighs in deciding a child’s best interests, but it has no age chart, and I know of no statewide guideline that supplies one. In practice, child and family investigators, evaluators and judges look at the developmental research and at the parenting-time guidelines other states publish, especially Indiana’s and Oregon’s. They are evidence of what children of an age generally need, not rules. A 2004 booklet still on the Judicial Branch website suggests waiting until age three for overnights; the later research does not support that as a general rule.
Often, yes, but how many and how soon depends on the baby and the parents. In 2014 researchers from both sides of the debate agreed that there should be no blanket bar on overnights before age three, while cautioning about frequent overnights for infants when the relationship with that parent is not yet established or the parents are in conflict. A parent who has been a hands-on caregiver is in a very different position from one who has not. The usual answer is frequent daytime contact, one or two overnights, and written step-ups on stated dates.
Breastfeeding shapes the schedule; it does not decide it. One widely used research chart treats an infant who is exclusively breastfeeding or will not yet take a bottle as a reason for fewer overnights for now. The published guidelines agree that nursing should not be used to keep the other parent away, and that the other parent can feed expressed milk once nursing is established. A plan can schedule daytime time around feedings, add overnights as the baby takes a bottle, and say so in advance, which also avoids an open-ended no-overnights order.
There is no single right one, but the guidelines agree on the shape: frequent contact, two or three consecutive nights at most with either parent, and nothing like a week away. That is why 2-2-3 is common for two-year-olds. Where one parent has not been a regular caregiver, the guides start with daytime blocks and step up. The same routines in both homes matter as much as the pattern. Most families move to 2-2-5-5 or alternating weeks as the child reaches school age, and the plan should say when.
It can be, when both parents have been hands-on, the homes are close, and the exchanges are calm. Equal time for a toddler usually means a 2-2-3 pattern, so the child is never more than three nights from either parent; every guideline I rely on treats a week away as too long at this age. Where conflict is high or one relationship is new, the research counsels fewer overnights at first and a written step-up toward equal time.
At no age. Colorado makes the child’s wishes one of the best-interests factors, weighed only if the child is mature enough to express reasoned and independent preferences. A thoughtful fifteen-year-old’s reasons can carry real weight; a preference shaped by a parent, or by a wish for fewer rules, carries little. The court may interview the child in chambers, with a record made, or hear the child’s views through an investigator. Twelve and fourteen are myths, sometimes borrowed from other states.
A say, yes; a vote, no. A thirteen-year-old who can explain a preference with reasons is usually heard, through a child and family investigator, a child’s legal representative or an interview in chambers. The guidelines evaluators read suggest that young teens negotiate some of their own time, but that the parents talk directly with each other and never make the teenager the tie-breaker. If the teen refuses to go, the parent must still make reasonable efforts to follow the order; the remedy is a motion to modify.
A plan that increases one parent’s time in stages, on dates or milestones written in at the start: daytime contact, then one overnight a week, then two, then 2-2-3, for example. The research favors step-ups agreed in advance, so the plan grows with the child without a return to court. In Colorado a step-up is also safer ground after the Supreme Court’s 2026 decision in Dale, which lists prohibitions on overnight visits among the constraints that make an order a restriction.
Usually from school age, and most often for older children and teenagers who can hold a week in their heads and benefit from fewer exchanges. The guidelines treat a week away from either parent as too long for toddlers and most preschoolers; some families bridge the gap for a younger child with a midweek dinner or overnight. It works best when both homes are close to the school and the exchanges happen there.
One with fewer exchanges, exchanges that do not require the parents to meet, and precise terms: school-based handoffs, longer blocks for older children, and a co-parenting app for messages. The research is consistent that conflict the child sees is a greater risk than the schedule itself, and one review found that where conflict stayed high for years, more shared time went with poorer adjustment. Where there is domestic violence, Colorado’s 2026 amendments put safety first and allow protected exchanges and limits on overnights.
It can, on the right findings. Since the Supreme Court’s May 2026 decision in In re Marriage of Dale, a prohibition on overnight visits is one of the qualitative constraints that makes an order a restriction, which requires a finding that the parenting time would endanger the child. The court has not decided whether a developmental plan that starts without overnights and adds them on a schedule is a prohibition in that sense. A written step-up is the safer course for both parents.
By agreement, with a signed stipulation and a new plan filed with the court, or by motion. A schedule change that keeps the same majority-time parent is decided on the child’s best interests, with no waiting period. Changing which parent the child lives with most of the time, or who makes decisions, takes a greater showing and has two-year rules. Every change in overnights also moves child support under the 2026 table, so the worksheet goes with the new plan.
The next page in this chapter, the pages that belong with it, and the blog posts on the same question.
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A consultation is a working session, in person in Greenwood Village or by video: we go through your child’s age and routines, each parent’s role so far and the distance between the homes, and I tell you what a Colorado court is likely to find in your child’s best interests, how the step-ups should be written, and what I would propose. Your note reaches my office directly; during business hours we call you back within the hour, run the conflicts check, and set the meeting.
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