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Custody and Pilots in Colorado
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Custody and Pilots in Colorado: Balancing Parenting and Flight Schedules

By Matthew C. Clawson, Colorado Divorce 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 legal challenges that arise when aviation intersects with family law. Whether you’re a military aviator, commercial pilot, or co-parenting with one, custody planning requires realistic solutions rooted in Colorado family law.

At Clawson & Clawson, LLP, we bring more than a century of combined experience to every case, offering practical strategies tailored to the unpredictable lives of flight professionals.

Parenting Plans: Predictability vs. Professional Reality

Most family courts in Colorado prefer consistent parenting schedules—such as alternating weeks, weekends, or a 2-2-5-5 model. These plans work well for families with stable work routines. But for pilots, there is rarely a “typical” week.

Aviation schedules are often built around fluctuating routes and seniority, leaving pilots with limited control. This unpredictability can unfairly burden the non-pilot parent, who may be forced to reduce work hours or disrupt family stability to accommodate the pilot’s availability.

While pilots may seek 50/50 custody, the reality of their job often makes this difficult to maintain.

Income ≠ Parenting Availability

Pilots—especially commercial and military—may earn high incomes through base pay, allowances, and pensions. However, financial resources do not guarantee parenting time.

Under C.R.S. § 14-10-114 and § 14-10-115, Colorado courts consider income, parenting time, and statutory factors when calculating child support and spousal maintenance. If a pilot seeks shared custody but isn’t regularly available, the court may find this arrangement unfair—especially if the other parent is unable to work full-time due to logistical limitations.

Legal Strategies for Aviation Custody Cases in Colorado

Custody disputes involving pilots require custom solutions. Below are legal strategies to consider when building a sustainable parenting plan:

  • Modified Parenting Time Models: Assign primary parenting to the non-pilot parent with extended parenting blocks for the pilot during off-duty weeks, holidays, or school breaks.
  • Rolling 30-Day Calendars: Require pilots to provide monthly flight schedules in advance to align custody exchanges.
  • Make-Up Time Provisions: Allow flexibility for missed time due to rest mandates or flight disruptions.
  • Virtual Parenting Time: Leverage tools like Zoom or FaceTime under C.R.S. § 14-10-123.5 to maintain frequent contact.
  • Support Adjustments: Courts may adjust support obligations if parenting time is significantly aspirational but not consistently exercised.
  • Vocational Evaluations: If one parent is underemployed due to custody limitations, the court may consider income imputation.
  • Dispute Resolution Clauses: Build in mediation or parenting coordinator clauses to handle future conflicts over scheduling.

The Colorado Legal Framework

  • Best Interests of the Child: Parenting plans must focus on the child’s physical, emotional, and educational needs (C.R.S. § 14-10-124).
  • Modification of Orders: Parenting time and custody can be modified if a substantial and continuing change in circumstances is shown (C.R.S. § 14-10-129).
  • Equal Consideration for Both Parents: Courts do not favor one parent based on occupation or gender. Pilots are not penalized for their profession, but must show genuine parenting capacity.

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 creative, flexible solutions. The key is transparency, consistent effort, and a parenting plan that meets the child's needs."

Conclusion: Custody for Pilots Requires Realistic Planning

Custody and parenting time for pilots must balance ambition with reality. While equal parenting is ideal, courts prioritize availability, not just income. Authentic, well-structured parenting plans—supported by legal precedent—are more likely to succeed.

If you're a pilot, or co-parenting with one, and need a custody plan that works in real life—not just on paper—contact Matthew C. Clawson at Clawson & Clawson, LLP. Let’s build a parenting strategy that aligns with your schedule and protects your child’s future.

Colorado-Based Airlines Employing Pilots:

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

These major carriers operate in and around Denver, Colorado Springs, and the greater Colorado area, employing a significant number of pilots whose parenting plans may require tailored legal solutions.

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/

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