Over decades of practicing family law in Colorado, I have encountered a wide range of case scenarios and answered countless client questions. One question that occasionally arises is, “What can I do if the non-custodial parent does not exercise visitation?” While family law attorneys often deal with cases involving denial of parenting time, it’s less common to address situations where a parent fails to exercise court-ordered parenting time. However, these cases do occur.
When a father does not exercise visitation or a non-custodial parent consistently skips their parenting time, the legal remedies may not be straightforward. Depending on the circumstances, several options might be available under Colorado law, such as:
- C.R.S. 14-10-129: Modifications of parenting time orders.
- C.R.S. 14-10-129.5: Addressing parenting time disputes.
- C.R.C.P. Rule 107: Pursuing contempt of court.
- C.R.S. 14-10-115: Modifying child support obligations.
Each case requires a detailed analysis to determine the most appropriate course of action based on the specific facts. Let’s delve deeper into these options.
Legal Expectations for Parenting Time
When parenting time orders are established, whether through an agreement or court ruling, it is expected that parents will comply and actively engage in their designated time with the child. Unfortunately, some parents fail to meet these obligations for various reasons, such as schedule conflicts, relocation, strained relationships with the child, or personal challenges. When a non-custodial parent does not exercise visitation, it can raise concerns about the well-being of the child and the custodial parent’s burden.
The first step in addressing this issue is to evaluate the reasons behind the non-custodial parent’s failure to exercise court-ordered parenting time. Common questions to consider include:
- Why is the parent neglecting their parenting time?
- How long has this behavior persisted?
- What is the age of the child?
If the failure to exercise visitation is unjustified and prolonged, typically lasting six months to a year, courts are more likely to consider modifications to the parenting time arrangement.
Modifying Parenting Time Orders
When a father or non-custodial parent does not exercise visitation, seeking a modification of parenting time orders under C.R.S. 14-10-129 may be appropriate. This statute allows for adjustments to parenting time based on the child’s best interests. Courts will examine:
- The reasons for the non-compliance.
- The duration of the neglect.
- The impact on the child’s well-being.
For instance, valid reasons such as substance abuse, mental health issues, or significant relocation are more likely to result in a favorable modification than excuses like a work schedule change. In some cases, courts may adjust the schedule rather than reduce the overall parenting time.
Financial and Logistical Impacts
When the non-custodial parent’s failure to exercise visitation imposes financial or logistical burdens on the custodial parent, additional remedies may be pursued. C.R.S. 14-10-129.5 addresses parenting time disputes and provides the court with broad discretion to resolve these issues. Potential outcomes include:
- Modifying parenting time orders.
- Requiring the non-compliant parent to cover additional childcare costs incurred by the custodial parent.
- Ordering the non-custodial parent to post a bond as assurance of compliance.
- Awarding attorney fees and court costs to the custodial parent.
While using this statute to address a parent’s failure to exercise visitation is uncommon, it can be an effective tool depending on the circumstances.
Considerations Before Pursuing Legal Action
Before proceeding with court action, it’s essential to weigh the potential consequences. For example, if the child is thriving despite the non-custodial parent’s absence, it may be better to let the situation remain unchanged. However, if the custodial parent’s finances or daily responsibilities are adversely impacted, legal remedies can provide relief.
Consulting a Family Law Attorney
Navigating situations where a non-custodial parent does not exercise visitation requires careful consideration of the legal options and the child’s best interests. An experienced family law attorney in Denver can assess your unique situation and guide you toward the most effective resolution.
Contact us today to schedule a consultation.
