What Makes a Commercial Airline Pilot Divorce Case So Complicated?

By Matthew C. Clawson, The Divorce Guy Colorado Spring & Denver, Colorado Family Law Attorney

Clawson & Clawson, LLP — Over 100 Years of Combined Legal Experience More than 50 Years Representing Pilots and Their Spouses in Divorce and Custody Cases

The Unique Challenges of Airline Pilot Custody Cases in Colorado. Pilots typically receive their flight schedules only 30 days in advance. Even then, the schedule can shift unexpectedly due to:

Extended overnight trips
Irregular or nonconsecutive days off
Weather delays, mechanical issues, or crew reassignments
FAA-mandated rest periods limiting availability for transitions or overnight parenting

This unpredictability makes it difficult to implement a traditional parenting schedule, and often places the burden of daily structure, school pickups, and routine care on the other parent. But that doesn’t mean the pilot-parent is any less committed.

The solution isn’t to restrict or limit the pilot’s time with the children. Instead, the goal should be to craft a parenting plan that is flexible, realistic, and child-centered—tailored to the unique demands of the aviation profession.

Colorado Law: A Child-Centered Approach Under C.R.S. § 14-10-124, Colorado courts must allocate parenting time based on the best interests of the child. The statute requires judges to consider several factors, including:

Each parent’s ability to prioritize the child’s needs
The strength of the child’s relationship with each parent
The parents’ ability to communicate and cooperate
The child’s adjustment to home, school, and community

Importantly, Colorado law does not presume 50/50 custody, nor does it automatically penalize a parent for having a demanding or inflexible work schedule. The focus is on ensuring the child’s emotional, physical, and developmental well-being, while promoting consistent and meaningful contact with both parents whenever feasible.

The 30-Day Parenting Plan Approach, one of the most effective strategies for pilot families, is a rolling 30-day parenting calendar. Here's how it works:

Once the pilot receives their monthly schedule, both parents communicate to confirm the upcoming parenting time.
The schedule may shift from month to month, but becomes predictable once the bid is released.
Make-up time is included for any missed parenting time due to unavoidable flight obligations.
A fallback/default schedule applies if the pilot fails to submit the new schedule by a designated date, creating predictability and structure.

Though this may sound unconventional, it is highly effective for professions like aviation where rigid schedules are simply not feasible. The key ingredients are communication, transparency, and flexibility—qualities that Colorado courts appreciate.

What If the Children Are Very Young? When infants or toddlers are involved, Colorado courts often prioritize routine and developmental consistency. This doesn’t exclude the pilot parent—it simply shapes how the plan begins. Typical accommodations include:

Short, frequent in-person or virtual visits
Daytime-only parenting during layovers or rest periods
Maintaining a consistent primary residence for young children

As children grow and become more adaptable, the parenting plan can evolve to include:

Longer parenting blocks during the pilot’s off periods
Extended time during school breaks or summer vacation
Holiday time that rotates or adjusts with the pilot’s work schedule

Colorado Courts Support Both Parents Being Involved Colorado family courts recognize that children benefit from meaningful relationships with both parents—even when one parent has a high-demand or travel-intensive career. Judges are generally supportive of creative, well-thought-out parenting time proposals, particularly when they show a genuine commitment to the child’s best interests.

In fact, courts often look more favorably upon the parent who brings a thoughtful, flexible plan to the table than one who insists on a rigid or impractical schedule.

You don’t need a perfectly symmetrical plan to be a great parent. You need one that reflects your reality, supports your career, and prioritizes your child’s emotional stability and development.

We Can Help You Build a Parenting Plan That Works If you're a pilot—or co-parenting with one—and you're unsure how to structure parenting time around a 30-day flight schedule, our team can help. We understand the unique realities of flight rotations, reserve status, international travel, and military deployments.

At Clawson & Clawson, we build practical, enforceable parenting plans that meet court standards while honoring your career. Whether you are developing an initial plan or modifying an existing one, we’re here to guide you through the legal process with clarity and confidence.

A Final Word Matthew C. Clawson, The Divorce Guy “I’ve worked with many pilots who were concerned that their unpredictable schedules would prevent them from having meaningful parenting time. The truth is, Colorado law allows for flexible, creative solutions as long as they prioritize the child’s best interests. With open communication and a customized plan, we can ensure your parenting rights remain in full flight.”

Colorado-Based Airline Employers of Pilots United Airlines, Southwest Airlines, American Airlines, Delta Air Lines, Frontier Airlines, and JetBlue Airways all operate in and around Colorado. These major carriers employ a large number of commercial pilots whose custody matters may benefit from customized parenting plans tailored to the demands of their aviation careers.

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/