SB 26-027, titled the "Parental Equality and Child Empowerment Act" or "PEACE Act," would change Colorado’s child-custody law by creating a rebuttable presumption in favor of equal parenting time when both parents live within 25 miles of a court-determined reasonable location tied to the child’s care or schooling. Under the bill, equal parenting time means a substantially equal annual allocation of overnight visits, with at least 45% of overnights at each parent’s residence, subject to reasonable adjustments for school schedules, holidays, and other logistical issues.
The bill would amend Colorado’s best-interests-of-the-child statute to require courts to start from a presumption of equal parenting time, while still allowing that presumption to be overcome by clear and convincing evidence. It also specifies several grounds for rebuttal, including parental unfitness, child abuse, domestic violence, substance misuse, mental health disorders affecting parenting fitness, failure to share responsibilities, failure to encourage the child’s relationship with the other parent, and significant geographic or logistical barriers. If the presumption is rebutted, courts would still retain discretion to set parenting time based on the child’s best interests, but the bill requires written factual findings when restrictions are imposed or when the presumption is rejected.
The bill would also preserve judicial authority in cases involving abuse, neglect, domestic violence, or sexual assault, and it directs courts to follow existing statutory protections in those circumstances before deciding parenting time. In addition, if parents agree to a non-equal parenting arrangement, the court must honor that agreement if it finds the arrangement is in the child’s best interests. The bill applies to new cases filed on or after the effective date and to pending cases without a final order.
The general sentiment reflected in the bill text is strongly supportive of shared parenting, emphasizing fairness, reduced litigation, and the emotional, psychological, and academic benefits of frequent contact with both parents. However, the bill was not advanced in committee and was postponed indefinitely in the Senate Committee on State, Veterans, & Military Affairs, suggesting that the proposal did not gain sufficient support to move forward. No committee transcript or recorded votes were provided, so the available record does not show detailed debate, but the structure of the bill indicates an intent to prioritize equal parenting while preserving exceptions for safety and exceptional circumstances.
The main point of contention is the shift from the current best-interests standard to a presumptive equal-time model. Supporters would likely view the bill as promoting parental equality and consistency, while critics may argue that a blanket presumption could limit judicial flexibility and may not fit families with safety concerns, high-conflict dynamics, or logistical barriers. The explicit rebuttal grounds and written-findings requirement appear designed to address those concerns, but the committee’s decision to postpone indefinitely indicates unresolved disagreement over whether equal parenting should be the default rule in Colorado custody cases.
The bill would amend Colorado Revised Statutes section 14-10-124, which governs the best interests of the child and allocation of parental responsibilities, by adding a statutory definition of "equal parenting time" and creating a rebuttable presumption favoring equal parenting time in qualifying cases. It would also require courts to make specific written findings when the presumption is rebutted or when parenting-time restrictions are imposed, and it would apply to both new and certain pending cases. The measure would affect family courts, divorcing or separating parents, and children subject to parenting-time orders, while preserving existing protections for abuse, neglect, domestic violence, and sexual assault cases.
The bill’s stated policy direction is strongly pro-shared-parenting and pro-parental equality, with legislative findings asserting that children benefit from frequent, meaningful contact with both parents and that a presumption of equal parenting time would improve fairness and reduce litigation. At the same time, the bill’s failure to advance—ending in a postponement indefinitely in the Senate committee—suggests that the proposal was controversial or lacked sufficient support. Because no transcripts or vote details are available, the record shows the outcome more clearly than the debate, but the committee action indicates skepticism about adopting equal parenting time as the default rule.
The central controversy is whether Colorado should move from a flexible best-interests standard to a presumptive equal-parenting framework. Supporters are likely to argue that equal parenting better protects children’s relationships with both parents and reduces conflict and litigation, while opponents are likely concerned that a presumption could be too rigid in cases involving abuse, domestic violence, substance misuse, mental health issues, or practical distance and scheduling problems. The bill attempts to limit those concerns by allowing rebuttal with clear and convincing evidence and by requiring written findings, but the committee’s decision to postpone indefinitely suggests that the balance between parental equality and judicial discretion remained unresolved.