Aurora Enforcing Parenting Time Orders
At the end of Colorado cases involving custody, orders will be entered regarding parenting time and parental responsibilities (decision-making). Whether the parents come to an agreement or the court issues a ruling at the conclusion of an evidentiary hearing, the expectation is that those orders will be followed. When children are involved, their well-being should be a top priority for all parties. Unfortunately, there are times when one parent interrupts the set parenting time schedule, either deliberately disallowing time with the other parent or by perpetually interfering with the other parent’s time with the children. At that point, it’s time to consult with an Aurora parenting time attorney to assess your situation and formulate a plan to legally address these violations. At Plog & Stein, P.C., we’ve seen all types of child custody and visitation issues and have over 70 years of combined experience to assist you with enforcing custody orders in Aurora.Enforcing Custody and Visitation Orders in Aurora
The primary avenue for dealing with violations of parenting time orders is the filing of a motion to enforce parenting time pursuant to statutory section C.R.S. 14-10-129.5. With this type of motion, the court is able to grant various forms of relief, including:
- make-up parenting time
- attorney fees
- contempt like remedies
- modification of existing orders
- make the parent who is not complying post a cash bond to be forfeited should there be future instances of non-compliance.
Another benefit to this course of action is that, unlike a contempt of court filing which takes months and at least two separate hearings, a motion to enforce parenting time is given priority placement on the court’s docket. The matter may be heard much sooner and it usually only requires one hearing. Also, the burden of proof is a preponderance of the evidence standard instead of the beyond a reasonable doubt standard in a punitive contempt case.
Beyond violations of orders regarding visitation, there are also cases in which one parent violated orders regarding decision making. Perhaps one parent change’s the child’s school or doctor without permission from the other. In these types of instances contempt of court can be the appropriate legal option to pursue. Most professionals, such as a counselor, understand that when their is joint decision-making they will need permission from both parents to see the child. However, not all parents are truthful when dealing with professionals, or schools. Firstly, our parenting time attorneys encourage Aurora clients to actively take party in asserting their joint decision-making rights and to be involved. Secondly, when those rights are violated, our first step is to weigh the legal options for dealing with the situation, including potentially contempt of court, which can include a requested remedial sanction of limiting the other parent’s authority. In some cases, punitive contempt may be the way to go, if nothing more than to send a message.
Children in divorce and custody cases have already been through the confusion and anxiety that comes with the break up of a family. The entry of parenting time orders allows the child and parents to start adapting to a new normal. Those orders are also designed to ensure contact with both parents. Parenting time violations come in varying degrees and can range from one parent denying a weekend here or there, without permission of the other parent, to a parent just leaving the state with a child, thereby completely disrupting the child’s other parental bond. When your parenting time is being wrongfully interfered with you have options to correct the situation for both you and your child. The first step is to contact an experienced family law firm with the knowledge and insights needed to correct the problem and ensure just results in and out of the courtroom. Taking action now may prevent future violations of your visitation and custody orders.Parenting Time Lawyers Serving Aurora Clients
At Plog & Stein, P.C. we pride ourselves on approaching each case in an honest, strategic, and logical manner. Our only goal is to meet your legal objectives in the most cost effective manner. This includes applying that same strategy and logic at each turn when helping our family law clients enforce their custody and visitation orders. Our Aurora parenting time lawyers are skilled at litigating all types of custody cases for both men and women and will work hard to see that you get the parenting time and decision-making you deserve.
If you are having trouble enforcing your custody and visitation orders in Aurora, call us at 303-781-0322 or contact us online to set up an appointment with one of our attorneys to discuss your next move.