Remote work is no longer a novelty—it’s a norm. And in Colorado family courts, it’s reshaping how parenting plans are negotiated, enforced, and modified. When one or both parents have flexible work-from-home schedules, it raises a critical question: Should parenting time be adjusted to reflect that flexibility?
The Legal Standard: Best Interests of the Child
As with all custody decisions in Colorado, courts rely on the best interests of the child standard outlined in CRS § 14-10-124. This includes evaluating:
- The ability of each parent to place the child’s needs above their own
- The stability of each parent’s home environment
- The ability of each parent to encourage a positive relationship with the other
- The child’s relationship with each parent
Work flexibility can support—or undermine—these factors, depending on how it’s managed.
Why Remote Work Is Changing Custody Dynamics
A parent working from home may argue that:
- They can be present before and after school
- They can adjust their schedule around pickups, appointments, or sick days
- Their home environment is calmer or more accessible
Meanwhile, the other parent may argue that:
- Remote work doesn’t equal full availability
- Children need structure, not a parent half-distracted by Zoom
- They, too, are capable of adjusting their schedule if given the chance
In many cases, disputes arise when one parent believes the other is using remote work to gain a tactical advantage or claim more time without a formal agreement.
Does Remote Work Justify a Custody Modification?
It might—especially if the change creates a significant shift in availability or caregiving capacity. A parent seeking to modify parenting time must show that the change is in the child’s best interests and that it constitutes a substantial and continuing change in circumstances, per CRS § 14-10-129.
Courts may consider:
- Whether the remote schedule is long-term or temporary
- Whether the parent is actually available during work hours
- The child’s age, needs, and schooling situation
- Whether the change supports greater consistency or reduces transitions
How to Structure Flex Time Fairly
Creative parenting plans are more common now—and often needed. Parents can:
- Add “right of first refusal” clauses so the at-home parent gets extra time if the other can’t care for the child
- Define remote-work windows where parenting time can flex, but only with notice
- Clarify whether video meetings or travel during remote days counts against availability
- Establish summer or break schedules that account for work flexibility
The key is clarity. Vague flexibility leads to conflict. Clear boundaries lead to smoother transitions.
When Flexibility Becomes a Problem
Remote work can also blur lines:
- A parent may claim availability but be constantly in meetings
- Children may be left unsupervised if the parent isn’t truly off-duty
- Work-from-home setups may not be child-friendly or stable
If one parent feels the arrangement isn’t working—or is being exploited—it may be time to revisit the plan.
How Boal Law Helps Parents Navigate the New Normal
At Boal Law, we’ve helped many parents renegotiate or enforce parenting plans that account for modern work life. Whether you’re seeking more time because of a remote job—or protecting your time from an overreach—we can help you:
- Analyze whether a change in parenting time is legally justified
- Propose or respond to modification requests
- Draft clear, enforceable terms that account for work realities
Flexibility Should Benefit the Child, Not Just the Parent
Remote work isn’t a golden ticket to more parenting time—but it can be a powerful asset if used responsibly. With thoughtful planning and clear terms, families can build parenting plans that match modern life.
If you’re working from home and want more time with your child—or if you’re navigating a co-parent’s shifting schedule—Boal Law can help you protect your parental rights while keeping your child’s best interests front and center.