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Custody and Pilots in Douglas County, Colorado: Balancing Parenting and Flight Schedules

By Matthew C. Clawson, Colorado Family Law Attorney — The Divorce Guy

With over 20 years of experience handling complex divorce and custody cases—including those involving pilots and their spouses—Matthew C. Clawson understands the unique challenges that arise when aviation meets family law. Whether the client is a military aviator, a commercial pilot, or the spouse of one, navigating custody with a constantly changing flight schedule requires custom solutions grounded in Colorado law.

Clawson & Clawson, LLP brings over 100 years of combined legal experience to the table, offering deep insight and practical strategies for families facing these unique situations.

Parenting Plans: Predictability vs. Professional Reality

Most family courts prefer stable, consistent parenting schedules—such as alternating weeks, weekends, or a 2-2-5-5 structure. These work well when both parents have predictable work hours. But for pilots, there is no such thing as a “typical” week. They may be on duty for several days, home for a few, then gone again. Unless a pilot has seniority and flexibility, they often cannot commit to a rigid parenting plan.

This unpredictability often places a burden on the non-pilot parent, who may be forced to scale back work, forgo full-time opportunities, or maintain an unbalanced home routine to accommodate the pilot’s schedule. Pilots may seek 50/50 parenting time on paper, but without true availability, the arrangement may not be practical.

Income vs. Accessibility: A False Equivalence

Pilots are often high earners. Military pilots receive base pay, allowances, and potential pensions. Commercial pilots may earn six figures depending on seniority and airline. However, income does not equal parenting accessibility.

When Colorado courts calculate child support and maintenance, they consider income, parenting time, and statutory criteria under C.R.S. § 14-10-115 and § 14-10-114. If a high-earning parent seeks shared custody—thereby reducing support obligations—the court will examine whether their actual parenting availability matches the role they’re claiming.

If the non-pilot parent is unable to work full-time due to the pilot’s inconsistency, the imbalance may unfairly shift the economic burden and undermine long-term stability.

Legal Strategy: Structuring Realistic Parenting Plans for Pilots

Custody cases involving pilots require creative, flexible planning. Common solutions include:

  • Modified Parenting Time Models – Assign primary parenting time to the non-pilot parent, with extended time for the pilot during off-duty weeks, vacations, or holidays.
  • Rolling 30-Day Calendars – Require the pilot to share their flight schedule monthly to plan parenting time accordingly.
  • Make-Up Time Provisions – Allow flexibility for pilots to make up time missed due to travel or FAA-mandated rest periods.
  • Virtual Parenting Time – Use video tools like Zoom or FaceTime, per C.R.S. § 14-10-123.5, to maintain contact while traveling.
  • Support Adjustments – Courts may modify support if the parenting time requested is not exercised in practice.
  • Vocational Assessments – If one parent is underemployed due to co-parenting logistics, the court may assess whether income should be imputed.
  • Dispute Resolution Clauses – Build in mediation or parenting coordination requirements to handle recurring schedule conflicts.

The Colorado Legal Framework

Colorado courts evaluate custody matters under the best interests of the child standard (C.R.S. § 14-10-124), considering emotional, educational, and physical needs.

Key legal considerations include:

  • Modifications – Parenting orders can be modified due to a substantial and continuing change in circumstances (C.R.S. § 14-10-129).
  • Equal Consideration – Courts are neutral toward job type and gender. Pilots aren’t penalized for their careers—but they must prove they can co-parent effectively.

Attorney Insight: Matthew C. Clawson, The Divorce Guy™

"I’ve worked with many pilots—and their spouses—concerned that aviation would jeopardize their parenting rights. The truth is, Colorado law allows for flexible, creative solutions. The key is transparency, consistent effort, and a plan that truly serves the child’s best interests."

Conclusion: Flexibility Is Expensive—But Necessary

Parenting plans involving pilots must strike a balance between aspiration and reality. While equal parenting time is a fair goal, it must reflect actual availability—not just income or intent. Colorado courts prioritize realistic planning, not posturing.

If you’re a pilot—or co-parenting with one—and need a custody plan that works in the real world, not just on paper, contact Clawson & Clawson, LLP. Let’s build a strategy that reflects your schedule and protects your child’s well-being.

Major Airlines Employing Colorado-Based Pilots

Pilots in Colorado may work for major carriers such as:

  • United Airlines
  • Southwest Airlines
  • American Airlines
  • Delta Air Lines
  • Frontier Airlines
  • JetBlue Airways

Each of these employers has pilots with demanding and inconsistent schedules—making a tailored parenting plan essential.

FAQ: Custody and Pilots in Colorado

Can a pilot get 50/50 custody in Colorado?
Yes, but only if the pilot can demonstrate a reliable schedule and co-parenting availability that supports shared parenting time.

How does child support work if one parent earns significantly more?
Child support is based on income and parenting time. A high-earning pilot may owe more support if their availability is limited.

Do Colorado courts penalize pilots for their jobs?
No. Courts focus on the child’s best interests, not the parent’s occupation. However, the parenting plan must be realistic.

Can we change the parenting plan later if schedules shift?
Yes. Parenting plans can be modified if there’s a substantial and ongoing change in circumstances.

Matthew C. Clawson

Colorado Family Law Attorney
Clawson & Clawson, LLP – Over 100 Years of Combined Legal Experience
Phone: (719) 634-1848; 303-550-9873
Email: matthew@clawson.law
Website: https://www.clawsonattorney.com/