Aurora Parenting Time Modifications
The establishment of orders for visitation rights (known as “parenting time” in Colorado) is not always the end of the story. Life goes on, kids get older, and circumstances may change leading one parent or the other to seek a modification of parenting time. Once a motion to modify parenting time is filed there are two possible outcomes, settlement or hearing in front of the court. In between filing and conclusion there are various legal and procedural steps to be dealt with along the way. Likewise, there may be pivotal moments requiring sound legal advice or action which could have a significant impact on the overall resolution of that motion. The Aurora family law attorneys at Plog & Stein, P.C. have helped many clients with modifications to their parenting time rights. From the outset, our attorneys thoroughly analyze each case, looking for strengths, weaknesses, and opportunities tied into meeting the objectives of each client.Defending Your Rights for Parenting Time in Aurora
Colorado statute recognizes that circumstances can change warranting a modification to the parenting time schedule. C.R.S. 14-10-129 sets for the standards for doing so, generally tied into the “best interest” of the child. Until your child reaches 18 years of age, the courts retain jurisdiction over custody and parenting time issues. Depending on the age of your child, this could be a long period of time. In some families, the visitation schedule set at the final divorce or custody hearing might work for the remaining years, up to age 18. However, in many cases, circumstances change over time. Kids get older and want more time with the other parent. Perhaps one party moves, thereby frustrating the prior schedule. Maybe visitation was set when children were very young, before school age, and that schedule no longer works due to changes in their lives. In other cases, there may be issues of neglect or abuse also necessitating a modification. Whatever the scenario, our attorneys are ready to advocate for you and the needs of your children.
At Plog & Stein, our family law lawyers represent Aurora residents on both sides of the parenting time modification equation. This includes helping people who are seeking more time with their children as well as assisting those who are responding to a motion to modify filed by the other parent. Having dealt with more cases than we can count, we are keenly attuned to what’s needed to deal with all aspects of modification. Often times, a modification case requires the input of an expert, whether a Child and Family Investigator or a Parental Responsibilities Evaluator. These experts assess what is best for the children and report their concerns and conclusions to the court. As statements of a child are generally “hearsay,” they can also be useful in getting the wishes, concerns, or fears of a child admitted into evidence.
Modifications to parenting time come in varying degrees. In some cases, the modification sought might be a simple change to an existing schedule or perhaps making sure holiday visitation times are included or adjusted. Other cases may come with significant issues, such as on parent seeking to change parenting time in a manner that also changes primary residential custody of the child. Though the “best interest” standard governs, changes to residential custody also often require a showing of physical danger or significant impairment to the child’s development under the current schedule or dynamic.
There may also be instances in which emergency modifications are necessary tied into the other parent presenting an “imminent” danger to a child. In these instances it may be necessary to seek file a motion to restrict parenting time pursuant to C.R.S. 14-10-129(4). With the filing of a motion to restrict, parenting time stops for the accused parent and a hearing is required to be held within 14 days of filing. In these circumstances, it’s imperative for either parent to seek qualified legal representation quickly. That first hearing is generally just the initial step and broader requests for modification almost always follow. If you find yourself on either side of an emergency motion, don’t wait. Contact a custody lawyer well-versed in representing Aurora family law clients.Quality Representation for All Your Parenting Time Needs
While there are many reasons to seek adjustment to your parenting time schedule, it’s always stressful anytime you may need to go back to court to defend your rights to visitation. That’s why it is so important to have a trustworthy Aurora family law lawyer with experience in Arapahoe and Adams Counties on your side. Plog & Stein, P.C. has this experience and our team is ready to step in and help you with your parenting time modification case. Call for an appointment at 303-781-0322 or contact us online, today. Two convenient metro area locations to serve you.