Infant Parenting Plan in Colorado: What You Need to Know

When parents of an infant go through a divorce or custody matter, one of the most pressing concerns is how to structure a parenting plan for infants. Unlike cases involving older children, developing an infant parenting plan requires special consideration of the child’s need for security, stability, and bonding with both parents.

Table of Contents

1. Infant Parenting Plan in Colorado: What You Need to Know
   1. No Standard Parenting Plan for Infants in Colorado
   2. Considerations for an Infant Parenting Plan
      1. Frequent and Consistent Contact
      2. Feeding Schedules and Breastfeeding
      3. Naptime and Routine Stability
      4. Step-Up Parenting Time Schedules
   3. Seeking Professional Guidance
   4. Final Thoughts

No Standard Parenting Plan for Infants in Colorado

Colorado does not have a standard, model, or typical parenting plan for children of any age, including infants. Parenting time schedules are determined based on the best interest of the child standard, outlined in C.R.S. 14-10-124. This standard considers multiple factors, such as the child’s emotional needs, parental involvement, and the ability of each parent to provide a stable environment.

Although Adams County references parenting time guidelines from Arizona and Indiana in its trial management order, these guidelines are neither binding nor commonly referenced in Colorado courts. Parents who find these guidelines helpful may present them as suggestions, but judges and magistrates are not obligated to follow them.

Considerations for an Infant Parenting Plan

1. Frequent and Consistent Contact

It is well established that frequent contact with both parents is important for an infant’s development. If both parents have been actively involved in the child’s care before separation, overnight visits may be appropriate. Studies suggest that bedtime routines contribute to parent-child bonding, making overnight stays beneficial in certain situations.

2. Feeding Schedules and Breastfeeding

Breastfeeding is a common concern in custody cases involving infants, but it does not automatically prevent the non-breastfeeding parent from having frequent or overnight parenting time. Courts recognize that alternative feeding methods, such as bottle feeding with expressed milk or formula, allow both parents to maintain a meaningful relationship with the child.

3. Naptime and Routine Stability

While some parents worry that an infant’s naptime schedule may be disrupted by parenting time exchanges, courts do not view naptime as a reason to limit parenting time. Instead, they may schedule exchanges around naptime to support a stable routine.

4. Step-Up Parenting Time Schedules

If one parent has been the primary caregiver while the other has had limited involvement, the court may implement a step-up parenting plan for infants. This type of plan gradually increases parenting time as the child becomes more familiar with the non-primary parent, ensuring a smoother transition. In some cases, the court may also require the non-primary parent to take parenting classes focused on infant care.

Seeking Professional Guidance

Determining the best parenting plan for an infant can be challenging. If parents struggle to create a plan that meets their child’s needs, seeking assistance from a child therapist, parenting expert, or a court-appointed Child and Family Investigator (CFI) may provide valuable insights.

Final Thoughts

Every infant parenting plan should be tailored to the child’s unique needs, considering their bond with each parent, developmental stage, and overall well-being. While Colorado does not provide a standardized schedule, working collaboratively and keeping the child’s best interests in mind can lead to a plan that supports their healthy growth and emotional security. If you need guidance on developing a parenting plan for infants, consulting with a family law attorney can help you navigate the process effectively.

By: Stephen Plog

Virtual visitation refers to using technology to keep a parent connected to his or her child after a divorce or child custody case. It may take the place of in-person visitation as part of a child custody order or parenting plan agreement if the circumstances permit. Virtual visitation has become even more common among families in the last year due to concerns over the spread of COVID-19. Learn how to implement virtual visitations into your parenting time schedule for an arrangement that works for everyone.

States with Virtual Visitation Laws

Virtual visitation – also referred to as electronic or internet visitation – is part of the law in some states. States that do not have these laws, however, may still incorporate virtual visits into parenting plans. Common technologies involved in virtual visitation are Skype, Zoom and Facetime. These videoconferencing technologies allow parents and children to meet face-to-face without traveling. Modern technology has made virtual visitation a more popular choice in recent years, especially among families with significant physical distance between a noncustodial parent and a child. Currently, six states have laws permitting the courts to order virtual visitation at custody court.

• Florida
• Illinois
• North Carolina
• Texas
• Utah
• Wisconsin

Many other states are also currently considering passing virtual visitation laws. It has become a more imminent concern in light of the COVID-19 pandemic. Virtual visitation can be very effective when trying to prevent the spread of the virus from a noncustodial parent to a child while still upholding a visitation agreement. If either parent is concerned about the spread of COVID-19, he or she may opt for virtual visitation in lieu of an in-person visit. Both parents would have to either agree to virtual visitation, however, or receive a specific court order requiring this method to engage in virtual visitation sessions.

Instances When Virtual Visitation Is Added to Parenting Time and its Benefits

Virtual visitation can be part of a court order in Colorado. Two parents may also agree to virtual visitation without a court order. Even though Colorado is not one of the states with a specific virtual visitation statute, a judge may accept this method of visitation in certain scenarios. In most cases, virtual visitation supplements in-person visitation rather than replacing it completely. Virtual visitation may become an official part of a parenting plan in Colorado if it would be in the child’s best interests. Certain circumstances call for virtual visitation more than others.

• When there is a lot of distance between the parent and child.
• When a noncustodial parent is away for work.
• When a child wants increased contact or communication with a noncustodial parent.
• When circumstances require decreased in-person contact, such as the COVID-19 pandemic.

Virtual visitation can help a parent and child bond after a divorce. It is a simple and cost-effective way to encourage communication and one-on-one time between a noncustodial parent and a child. It does not involve traveling for either party and can be an effective solution for a long-distance family or a busy parent. Virtual visitation can also have health and safety benefits if the family is concerned about the spread of a virus, such as COVID-19.

How Can a Parenting Time Attorney Help?

If you have questions about virtual visitation or wish to implement this into your parenting time orders, contact an child custody attorney to schedule a consultation. A lawyer will have the in-depth knowledge of Colorado’s visitation laws you need for a successful case. Your family law attorney will be able to answer your questions about virtual visitation, help you request a modification to your current parenting time schedule and protect your rights as a parent with a visitation order. Your lawyer will also have years of experience negotiating child visitation plans for the best odds of coming to a mutual agreement with your co-parent. Speak to an attorney today for more information about virtual visitation.

By: Jessica A. Saldin

It is not uncommon for people facing the end of a marriage or break-up of a relationship to contemplate moving out of state- either for a fresh start, to be nearer to family, or other reasons. We often have people facing a divorce or custody case asking if they would get in trouble if they leave the state of Colorado with the child(ren). In general, as long as there are no orders in place and they have not filed or been served with a divorce or custody case, there wouldn’t be any law preventing them from leaving Colorado. However, that is not us saying we recommend people go ahead and leave. If people leave the state with the children, and a case is then filed, the court has the authority to order the parent to bring the children right back to Colorado. Additionally, the parent that left with the children is often viewed in a negative light with the court. It can come across that the person left to try to “win” at the divorce or custody case and become the primary parent. However, if there are provable issues of domestic violence and evidence that the parent left with the children for safety reasons, the court is not supposed to make a negative inference from the person’s departure (though they can still order the parent to bring the children back).

The better course of action (actually recommended by the court in a published court decision) is for the parent to remain in Colorado, with the children, and ask the court’s permission to move as part of the case. In initial divorce and custody cases (before final custody orders are entered) a parent wanting to live out of the state of Colorado has special Constitutional protections. As per a Colorado child custody decision, the court actually has to take each party where he or she intends to live and allocate custody accordingly. Therefore, it is best to remain in Colorado until orders are entered by the court, rather than leaving prior to filing or being served and risk the court ordering you to bring the children back and starting off on the wrong foot with the court. However, this does not apply to situations where you have written agreement from the other party to take the children out of state (email, text message, signed agreement, etc.) or where you are moving but the children will stay in the state of Colorado. In those situations the court should not have an issue with you moving prior to orders being entered.

You may be asking, “what if I already have custody orders?” In that situation, generally you cannot move out of state with the children without written agreement from the other party or order of the court. Additionally, in those cases, there is a different standard for the court to follow. Those cases are known as “relocation” cases and are discussed, at length, in some of our prior blog posts. As discussed above, if you are making the request to live out of state with the children before final orders are entered, the court has to accept where both parties intend to live and allocate parenting time accordingly. In other words, in those cases, the court just follows the best interest standard. However, in relocation cases, there are many additional factors the court has to consider and the court can deny your request to relocate with the children. A notable difference between requests to move before final custody orders are entered and after custody orders are entered is that post-final orders, the party wishing to move with the child is required to justify the basis for the move.

Ultimately, if you have a custody case and are thinking, at some point, you would like to live in a state other than Colorado, the best time to make that request is part of your initial divorce or custody case (prior to the entry of final orders). While it is never an easy decision for the court, the chances of being named the primary parent out of state are typically greater than the chances of being allowed to relocate with the children after orders have already been entered.