Colorado courts require parents to include a detailed holiday parenting time schedule in every divorce case involving minor children. Under C.R.S. § 14-10-124, holiday schedules must serve the best interests of the child, with courts in 2026 typically starting from a presumption of equal (50/50) parenting time absent evidence to the contrary. The most common approach alternates major holidays annually, with one parent having Thanksgiving, spring break, and July 4th in even years while the other parent has Christmas, New Year's Day, and Memorial Day, reversing the pattern in odd years.
| Key Facts | Colorado Holiday Custody |
|---|---|
| Filing Fee | $230 (as of January 2025) |
| Answer Fee | $116 |
| Residency Requirement | 91 days |
| Waiting Period | 91 days after service |
| Child Residency for Custody | 182 days (6 months) |
| Grounds | No-fault only (irretrievably broken) |
| Property Division | Equitable distribution |
| Enforcement Fine | Up to $100 per incident |
| Make-up Time Deadline | Within 6 months (or 1 year for holidays) |
What Colorado Law Requires in Holiday Parenting Plans
Colorado law mandates that every parenting plan include a practical schedule covering holidays, school vacations, and exchange procedures. Under C.R.S. § 14-10-124, the court evaluates holiday schedules based on the child's safety, physical needs, emotional needs, and the quality of each parent's relationship with the child. Since 1999, Colorado has used the terms "parenting time" and "parenting responsibilities" rather than "custody" and "visitation," though this change was purely nomenclature with no substantive legal effect under C.R.S. § 14-10-103.
A compliant Colorado parenting plan must address three specific elements for holiday scheduling: (1) a practical schedule designating which parent has the child during each holiday and school vacation, (2) a procedure for physical exchanges including location and transportation responsibilities, and (3) a communication protocol for coordinating holiday plans between parents. Courts will reject parenting plans that lack specificity, such as vague references to "the first weekend of the month" without clarifying what happens when a month begins on a Sunday.
How Holiday Custody Schedules Work in Colorado
Colorado holiday custody schedules supersede the regular weekly parenting time arrangement whenever a designated holiday falls during the other parent's scheduled time. The most widely used structure divides holidays into two alternating groups: Holiday Group 1 might include New Year's Day, Easter, July 4th, and Thanksgiving, while Holiday Group 2 contains Martin Luther King Jr. Day, Memorial Day, Labor Day, and Christmas. Parents receive Group 1 in even-numbered years and Group 2 in odd-numbered years, then swap the following year.
This alternating-years approach ensures both parents experience major celebrations with their children over time. For example, Parent A might have Thanksgiving from Wednesday at 6 p.m. through Sunday at 6 p.m. in 2026 (an even year), while Parent B has Christmas Eve at noon through December 26 at noon. In 2027, these assignments reverse. Colorado courts favor this arrangement because it provides predictability for both families and allows children to maintain traditions with each household.
Splitting Individual Holidays
When parents live within reasonable driving distance (typically 30-60 minutes), courts may order a split-day arrangement for major holidays. Under this model, one parent has the child from 8 a.m. to 2 p.m. on Christmas Day, and the other parent has 2 p.m. to 8 p.m. This approach works best for Thanksgiving (splitting morning meal vs. evening meal), Christmas Day, and Easter. Courts generally disfavor split-day arrangements for children under age 5 due to the stress of multiple transitions on young children.
Fixed Holiday Assignments
Some Colorado families negotiate fixed holiday assignments based on cultural, religious, or personal significance. For instance, if one parent always celebrates Passover with extended family and the other celebrates Easter, the parenting plan can permanently assign Passover to Parent A and Easter to Parent B each year. Mother's Day and Father's Day are nearly always fixed holidays, with children spending Mother's Day (the second Sunday in May) with their mother from 9 a.m. to 6 p.m. and Father's Day (the third Sunday in June) with their father during the same hours.
Christmas Custody Arrangements in Colorado
Colorado courts typically address Christmas through one of three arrangements: alternating years, splitting Christmas Eve and Christmas Day, or dividing Christmas into first-half and second-half periods. The alternating-years model assigns the entire Christmas period (December 24 at noon through December 26 at noon) to one parent in even years and the other in odd years. This 48-hour block allows families to travel, attend religious services, and celebrate without rushed transitions.
The split-day approach divides Christmas Eve from Christmas Day. Parent A might have December 24 at 10 a.m. through December 25 at 10 a.m. (capturing Christmas Eve dinner and Christmas morning gift opening), while Parent B has December 25 at 10 a.m. through December 26 at 10 a.m. (capturing Christmas Day activities and the following morning). Courts often include language specifying that neither parent may schedule travel that interferes with the other parent's designated Christmas time.
For families who celebrate both Christmas and Hanukkah, Colorado parenting plans should specifically address the eight nights of Hanukkah, which fall on different dates each year. A well-drafted plan might assign the first four nights to one parent and the final four nights to the other, alternating which parent receives the first block annually.
Thanksgiving Visitation Schedules
Thanksgiving parenting time in Colorado typically runs from Wednesday evening at 6 p.m. (when school dismisses for the break) through Sunday at 6 p.m., creating a five-day holiday period. Courts commonly assign this entire block to one parent in even years and the other in odd years. When parents prefer to split Thanksgiving weekend, the non-holiday parent often receives an extended weekend the following week to compensate for lost time.
The Thursday-only model assigns Thanksgiving Day itself (8 a.m. to 8 p.m.) to one parent while the surrounding days follow the regular parenting schedule. This approach minimizes travel for families who live locally but can create logistical challenges for parents planning to host extended family gatherings that span multiple days. Colorado courts generally honor parents' agreements on Thanksgiving scheduling as long as the arrangement serves the child's best interests.
Summer Custody and Vacation Scheduling
Colorado parenting plans must specify how summer vacation is divided between parents. The three most common approaches are: (1) maintaining the regular school-year schedule throughout summer, (2) splitting summer into equal blocks (typically 5-6 weeks each), and (3) alternating entire summers. For parents living more than 3-4 hours apart, courts typically award the non-residential parent 6-10 weeks of continuous summer parenting time, assuming age-appropriate arrangements.
Parents planning summer vacations during their designated parenting time do not need the other parent's permission to travel within Colorado. However, best practice requires notifying the other parent of travel dates, destinations, and contact information at least 14 days in advance. Out-of-state travel typically requires either the other parent's written consent or court approval, depending on the specific language in the parenting plan.
For long-distance parenting arrangements, Colorado courts often assign the entire school year to the residential parent while providing the non-residential parent extended time during summer break, winter break, spring break, and alternating holidays. This 75/25 time split minimizes disruption to the child's education while preserving meaningful contact with both parents.
Spring Break and School Vacation Parenting Time
Spring break parenting time follows either an alternating-years pattern or a fixed assignment based on each family's needs. Colorado school districts typically schedule spring break during late March or early April for 7-10 days. When parents live far apart (more than 3-4 hours), spring break is usually assigned to one parent every year or alternated annually, rather than split between households.
Winter break (December 20 through January 3, approximately) is commonly divided into two segments: the first half runs from school dismissal through December 27 or 28, and the second half runs through the day before school resumes. Parents alternate which half they receive each year, with the Christmas Day placement typically superseding the general winter break assignment. School in-service days, teacher conference days, and weather-related closures usually follow the regular parenting schedule unless specifically addressed in the parenting plan.
Birthdays and Special Occasions
Colorado parenting plans should address children's birthdays, parents' birthdays, and other significant family occasions. The standard approach assigns children's birthdays from 9 a.m. to 6 p.m. to the custodial parent (or Parent A under equal-time arrangements) when the birthday falls on a non-school day. If the child's birthday falls on another designated holiday, the birthday celebration typically occurs the day before or after the holiday. Many parents alternate children's birthdays annually in the same manner as major holidays.
Mother's Day and Father's Day take precedence over all other scheduled parenting time, including holidays and regular weekly schedules. Children spend Mother's Day with their mother and Father's Day with their father regardless of whose scheduled time those days would otherwise fall within. Extended family events such as grandparents' milestone birthdays or family reunions require negotiation between parents and should be addressed through the right of first refusal provision if one exists.
Enforcing Holiday Custody Schedules in Colorado
Colorado provides specific legal remedies when one parent violates a holiday custody schedule. Under C.R.S. § 14-10-129.5, an aggrieved parent may file a Motion Concerning Parenting Time Disputes to reclaim denied parenting time and seek enforcement. The court must either deny the motion, conduct a hearing, or refer the matter to mediation within 63 days. Make-up parenting time must be provided within 6 months of the violation, except for holidays that cannot be replicated within 6 months, which must be made up within one year.
Courts may impose multiple remedies for holiday schedule violations: (1) contempt of court findings with fines or jail time, (2) civil fines up to $100 per incident of denied parenting time, (3) make-up time equal to or greater than the time denied, and (4) any other order promoting the child's best interests. The violating parent must also pay the aggrieved parent's attorney fees, court costs, and expenses associated with the enforcement action. If the responding parent is found not to have violated the schedule, the petitioning parent may be ordered to pay the respondent's legal costs.
| Enforcement Remedy | Description |
|---|---|
| Contempt of Court | Fine or jail sentence for willful violations |
| Civil Fine | Up to $100 per incident of denied time |
| Make-Up Time | Must occur within 6 months (1 year for holidays) |
| Attorney Fees | Mandatory award to prevailing party |
| Modified Schedule | Court may adjust future arrangements |
| Mediation Referral | 63-day mediation period before hearing |
Filing Requirements and Costs
The filing fee for a Colorado divorce petition (dissolution of marriage) is $230 as of January 2025, following fee increases under House Bill 2024-1286. The responding spouse pays $116 to file an answer. Additional costs may include service of process fees ($50-$75), certified copy fees ($20), and motion filing fees for parenting time disputes. Courts may waive fees for parties demonstrating financial hardship through the appropriate fee waiver forms available on the Colorado Judicial Branch website.
Colorado requires at least one spouse to have resided in the state for 91 days before filing under C.R.S. § 14-10-106. A separate 91-day waiting period runs after the respondent is served before the court can finalize the divorce. For child custody jurisdiction, the child must have lived in Colorado for 182 consecutive days (approximately 6 months) under C.R.S. § 14-13-201. Colorado is a purely no-fault divorce state where the only ground is that the marriage is irretrievably broken.
Creating an Effective Holiday Parenting Plan
A well-drafted Colorado holiday custody schedule eliminates ambiguity by defining exact start and end times for each holiday, specifying exchange locations, and addressing contingencies. Rather than stating "Thanksgiving weekend," effective plans specify "from Wednesday at 6:00 p.m. following school dismissal through Sunday at 6:00 p.m., with exchange occurring at the Holiday Inn parking lot at 123 Main Street, Denver." This specificity prevents disputes and provides clear guidance if enforcement becomes necessary.
Consider including these provisions in your Colorado parenting plan: (1) a right of first refusal requiring parents to offer the other parent childcare before using third parties during extended holiday periods, (2) travel notification requirements specifying deadlines (typically 14-30 days) and required information (dates, destinations, contact numbers, flight information), (3) communication schedules allowing phone or video calls during holiday periods with the other parent, and (4) a dispute resolution process (mediation before court) for scheduling conflicts.
Best Interests Standard in Colorado Custody Decisions
Colorado courts evaluate all parenting arrangements, including holiday schedules, under the best interests of the child standard codified in C.R.S. § 14-10-124. The statute identifies multiple factors: each parent's wishes, the child's wishes if sufficiently mature, the child's relationship with each parent and siblings, the child's adjustment to home and school, and the mental and physical health of all parties. Courts give paramount consideration to the child's safety and physical, mental, and emotional needs.
In 2026, Colorado courts typically presume equal parenting time (50/50) is in children's best interests absent evidence to the contrary. While no statutory schedule exists, judges increasingly start from equal time as the baseline and adjust based on specific circumstances such as parental work schedules, distance between homes, children's ages, and special needs. The proposed PEACE Act (SB 26-027) would formally codify this 50/50 presumption in Colorado law.
Frequently Asked Questions
How does Colorado divide Christmas custody between divorced parents?
Colorado courts typically use alternating years, split days, or first-half/second-half divisions for Christmas parenting time. The most common arrangement assigns December 24 at noon through December 26 at noon to one parent in even years and the other in odd years, providing a complete 48-hour Christmas period for each family.
What happens if my ex violates our holiday custody schedule in Colorado?
File a Motion Concerning Parenting Time Disputes under C.R.S. § 14-10-129.5 within six months of the violation. Courts may order contempt findings, civil fines up to $100 per incident, make-up parenting time, and mandatory payment of your attorney fees and court costs by the violating parent.
Does Colorado require mediation before a holiday custody hearing?
Yes, courts may require mediation with results reported back within 63 days before setting a hearing. Mediation services are provided under C.R.S. § 13-22-305. If mediation succeeds, the court approves the agreement; if not, the matter proceeds to hearing.
How far in advance must I notify my ex about holiday travel plans in Colorado?
Most Colorado parenting plans require 14-30 days advance notice for travel during holiday periods. The notification should include dates, destinations, contact information, and flight details. In-state travel during your designated time does not require permission but should be communicated as a courtesy.
Can I take my child out of state for Thanksgiving or Christmas without permission?
This depends on your parenting plan's specific language. Most plans require written consent from the other parent or court approval for out-of-state travel. In-state travel during your assigned parenting time generally does not require permission under Colorado law.
How is summer vacation divided in Colorado custody cases?
Colorado courts use three primary approaches: maintaining the regular schedule year-round, splitting summer into equal 5-6 week blocks, or alternating entire summers. Parents living 3-4+ hours apart typically receive 6-10 weeks of continuous summer time with proper advance notice requirements.
What holidays does Colorado require in a parenting plan?
Colorado law requires parenting plans to include practical schedules for all holidays and school vacations. Commonly addressed holidays include New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Easter/Spring Break, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas Eve, Christmas Day, and the children's birthdays.
How does Colorado handle Mother's Day and Father's Day custody?
Mother's Day (second Sunday in May) and Father's Day (third Sunday in June) are fixed holidays that supersede all other parenting time schedules. Children spend Mother's Day with their mother from 9 a.m. to 6 p.m. and Father's Day with their father during the same hours, regardless of the regular schedule.
What is the filing fee for modifying a holiday custody schedule in Colorado?
Modification motions in Colorado cost approximately $230 to file. The responding party pays $116 to answer. Fee waivers are available for parties demonstrating financial hardship. Additional costs include service fees ($50-$75) and certified copy fees ($20).
Does Colorado presume 50/50 custody for holiday schedules?
While Colorado has no statutory presumption of equal time, courts in 2026 typically start from 50/50 parenting time as a baseline absent evidence that equal time would not serve the child's best interests. The proposed PEACE Act (SB 26-027) would formally codify this presumption in Colorado law.