Custody and Pilots in Colorado: Balancing Parenting and Flight Schedules
By Matthew C. Clawson, Colorado Divorce Attorney
With more than twenty years of experience handling complex divorce and custody cases, including those involving commercial airline pilots, military aviators, and their spouses, Matthew C. Clawson understands the unique legal challenges that arise when aviation intersects with Colorado family law. Whether you are a pilot or co-parenting with one, custody planning requires practical and realistic solutions tailored to Colorado’s statutory framework.
At Clawson & Clawson, LLP, our attorneys bring over 100 years of combined experience to every case, providing strategic guidance for families throughout Colorado Springs, Denver, Castle Rock, Parker, Lone Tree, Highlands Ranch, Monument, Falcon, Fountain, Pueblo, and the surrounding areas.
Parenting Plans: Predictability and Professional Reality
Colorado courts generally prefer consistent parenting schedules such as alternating weeks, 2-2-5-5 schedules, or long-weekend arrangements. These structures work well for families with predictable work hours. Aviation, however, does not provide predictable weekly routines.
Pilots often face fluctuating monthly bid lines, reserve assignments, multi-day trips, weather-related delays, and mandatory FAA rest periods. While many pilots request 50/50 parenting time, the inconsistent nature of their schedules can make equal parenting difficult to maintain and may shift significant burdens onto the non-pilot parent. Courts place strong emphasis on routine, structure, and the child’s day-to-day stability.
Income Does Not Equal Parenting Availability
Colorado applies C.R.S. § 14-10-114 and § 14-10-115 when evaluating child support and spousal maintenance. Pilots frequently earn higher incomes due to base pay, per diem, bonuses, hazard pay, and retirement contributions. However, income level does not substitute for actual caregiving availability.
If a pilot is often away due to flight schedules, overnight trips, or FAA rest mandates, the court may conclude that a shared or equal-time parenting arrangement is not feasible. Courts prioritize reliability and the ability to meet the child’s ongoing emotional and physical needs. If the non-pilot parent has reduced work hours to manage childcare responsibilities, the court may consider imputing income or adjusting support.
Legal Strategies for Aviation Custody Cases in Colorado
Custody cases involving pilots require flexible and highly detailed parenting plans. Effective approaches include:
Modified parenting time structures that give the non-pilot parent primary time during school weeks while the pilot receives longer blocks during off-duty periods, school breaks, and holidays.
Rolling 30-day calendars requiring pilots to provide each month’s flight schedule as soon as bids are published, allowing parents to plan exchanges and activities with adequate notice.
Make-up parenting time provisions to compensate for missed visits caused by delays, weather disruptions, or legally required rest.
Virtual parenting time through phone, FaceTime, or Zoom under C.R.S. § 14-10-123.5, ensuring ongoing communication during out-of-state flights or international trips.
Support adjustments when parenting time is regularly not exercised as scheduled.
Vocational evaluations if one parent is underemployed due to accommodating the pilot’s inconsistent availability.
Dispute-resolution provisions such as mediation or parenting coordinators to help manage scheduling conflicts without repeated litigation.
The Colorado Legal Framework
Several statutory principles govern parenting plans for pilots.
Best Interests of the Child (C.R.S. § 14-10-124). Courts focus on the child’s emotional, physical, and educational needs, the stability of their routine, the ability of each parent to place the child first, and the reliability of available caregiving.
Modification of Orders (C.R.S. § 14-10-129). Parenting time may be modified when there is a substantial and continuing change in circumstances, such as new fleets, new seniority positions, updated bid lines, or changes from reserve to lineholder.
Equal Consideration for Both Parents. Colorado courts do not penalize pilots for their profession. The determining factor is whether the pilot can provide consistent and dependable parenting in light of their aviation schedule.
Attorney Insight: Matthew C. Clawson
"I have represented many pilots and many spouses who were concerned that aviation would jeopardize parenting rights. Colorado courts do allow for flexible and creative parenting arrangements when parents cooperate in good faith. Success depends on transparency, steady follow-through, and a parenting plan that reflects the real-life demands of flying."
Conclusion: Custody for Pilots Requires Realistic Planning
Custody and parenting time for pilots require a careful balance between the demands of an aviation career and the child’s need for a predictable routine. In some circumstances, equal parenting time is possible. In others, a modified schedule is more appropriate. Courts look closely at caregiving reliability, not income or intentions. With a well-crafted parenting plan grounded in Colorado law, pilots can maintain a strong and consistent relationship with their children.
If you are a pilot, or co-parenting with one, and you need a parenting plan that will work in real life, contact Matthew C. Clawson at Clawson & Clawson, LLP. We will help design a parenting strategy that aligns with your flight schedule and protects your child’s long-term best interests.
Colorado Airlines Employing Pilots
United Airlines
Southwest Airlines
American Airlines
Delta Air Lines
Frontier Airlines
JetBlue Airways
These carriers operate heavily from Denver International Airport and Colorado Springs Airport and create unique parenting challenges for pilots across the Front Range.
Frequently Asked Questions About Pilot Custody in Colorado
1. Can a pilot receive 50/50 custody in Colorado?
Yes. Colorado law allows 50/50 custody, but the pilot must present a realistic plan based on their actual flight schedule. Courts want stability, predictability, and consistent caregiving.
2. Will my irregular flying schedule hurt my custody case?
It depends. Irregularity does not disqualify a pilot from significant parenting time, but you must show a workable routine with advance scheduling, childcare backup, and reliable communication.
3. Does my high income help me get more custody?
No. Parenting time is based on availability and the child’s best interests, not income. A high salary cannot compensate for inconsistent availability due to flying obligations.
4. How does a monthly bid schedule affect parenting plans?
Most pilots use a rolling 30-day schedule. Once your bid is published, you must provide the schedule to the co-parent and follow a pre-agreed system for planning exchanges.
5. What if I miss a custody exchange due to a flight delay?
A good parenting plan includes make-up time and backup procedures for disruptions outside your control, such as weather or mechanical delays.
6. Can FaceTime or Zoom help maintain parenting time?
Yes. Virtual parenting time is encouraged in Colorado and is especially valuable for pilots who travel frequently. It maintains meaningful contact even when out of state.
7. Will child support increase if I travel too much to use my parenting time?
Possibly. Child support is based on actual parenting time exercised. If a pilot frequently misses scheduled time, the court may adjust support.
8. How does military pilot deployment affect custody?
Military pilots receive legal protections. Temporary orders can adjust custody during deployment without permanently altering the parenting plan.
9. Can the court impute income to my co-parent if they reduced work because of my schedule?
Yes. If the non-pilot parent reduces work hours to accommodate inconsistent pilot availability, the court may impute income based on vocational capacity.
10. How do courts handle FAA rest requirements?
Courts understand that FAA rest rules are mandatory. Parenting schedules must respect required rest periods following long-haul or multi-day rotations.
11. Can custody orders change if my schedule or seniority changes?
Yes. Significant and ongoing changes in work schedule, seniority, fleet, or base assignment can justify a modification under C.R.S. § 14-10-129.
12. Should pilots include mediation or a parenting coordinator in their plan?
Yes. These tools help resolve ongoing scheduling conflicts without returning to court and are especially helpful for pilots with shifting schedules.
Forbes rated Matthew C. Clawson as one of the best attorneys in Colorado. U.S. News & World Report recognizes Matthew and Clawson & Clawson LLP as one of the Best Law Firms in America. Matthew has also been honored by Colorado Super Lawyers and Best Lawyers in America. Our family law attorneys have years of experience helping clients navigate the Colorado legal system. We understand Colorado divorce and family law inside and out, from complex high net worth property and child custody cases to simple child support modifications.
We can be reached at www.clawsonattorney.com, and Matthew can be contacted directly at Matthew@clawson.law. For more information about our top rated legal services, fill out our online form or call 719 471 7050 or 303 805 9353 to schedule a free initial consultation.
Legal Disclaimer-This article is for general informational purposes only and does not constitute legal advice. Reading this content or contacting the author does not create an attorney client relationship. Legal outcomes depend on the specific facts of each case and Colorado laws may change over time. You should consult an attorney for guidance tailored to your circumstances. No guarantee is made regarding the accuracy or completeness of the information provided
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/