Modifying Parenting Time in Colorado
Denver Parenting Time Modification Attorneys
- Parenting Time Modifications
- Emergency Parenting Time Motions
- Relocation
- Enforcement of Parenting Time Orders
Chose the Right Family Law Firm for Your Parenting Time Modification Case
Since 1999, our firm has helped thousands of clients deal with parenting time issues, include all types of modification matters. Each member of our team has significant experience litigating or settling parenting time cases. Our parenting time modification attorneys are keenly aware of statute and the types of evidence judges look for when assessing a parenting time modification. We also know what’s fair or appropriate when it comes time to discuss settling your parenting time issue.
Modifying Parenting Time in Colorado
Parenting time modifications in Colorado generally stem from C.R.S. 14-10-129. Section 129 sets forth differing standards depending on the modification you are seeking, or defending against.
- A general modification of parenting time is going to be governed by the “best interest” standard, which requires a judge to find that any change to the current visitation schedule is in a child’s best interest. This applies to a request to both increase or decrease a parent’s time with their child.
- A modification of parenting time which changes primary residential custody requires the court to also find that a change in primary residence is needed due to the current scheduling posing either a physical danger to the child or putting the child at risk of impairment to his or her emotional development.
- A motion to move or “relocate” a child in such a manner that the geographic ties with the other parent are impacted is governed by a subsection of Section 129, which requires the court to look at various factors tied into the proposed move. When a motion to relocate is filed parents without primary physical custody an opportunity to seek it, without having to prove endangerment.
- Emergency motions to restrict parenting time are also governed by Section 129. A motion to restrict can be filed in situations when a child is in “imminent” or immediate danger of physical or emotional harm in the care of the other parent. Courts take motions to restrict seriously and generally put a high burden of evidentiary proof on the moving parent.
Restricted Parenting Time
Under C.R.S. § 14-10-129(4), you may file an emergency motion to restrict parenting time. There are standards and procedures to ask the court to restrict parenting time when a child faces an imminent danger as a result of the other parent or their parenting time. This type of motion should be filed sparingly because it is only for situations in which a child is truly threatened or endangered. You could possibly lose credibility with the court if you misuse this motion, which makes it important to retain a restricted parenting time attorney who has a good sense of what the court is likely to see as an imminent danger.
When filing a motion to restrict parenting time, you will need to prove that there is a physical or emotional danger and that it is imminent, meaning that the endangering event happened recently. You need to act quickly after something serious happens because if you wait too long, the threat is not likely to be considered “imminent” any longer. The law does not specify what counts as a danger, and the court has the discretion to determine whether the actions that you think are a danger do actually put the child at risk. Judges in Colorado tend to be careful when interpreting the other parent’s behavior because it is presumed that a child benefits from interacting substantially with both parents, and both parents have a right to parent their children.
Once you file a motion to restrict parenting time, the court is likely to review it in the subsequent 24 hours. If the motion is granted, the other parent’s parenting time is restricted until a full hearing can be held (parenting time is also restricted upon filing, which can be altered depending on the court’s initial review). This means that the parenting time will only happen when an appropriate third party is able to supervise it. Pursuant to statute, the hearing shall happen within the next 14 days from filing. At the hearing, the parents can present evidence and argue their positions. The court will decide whether to grant the motion, put less restrictive limits on parenting time than what was proposed, or deny the motion.
If the court denies this type of motion, you will need to stick with the existing parenting time order. If the court finds that a motion to restrict parenting time was brought for frivolous reasons, no reason, or to bother the other parent, it may order that attorneys’ fees and costs be paid to the nonmoving party.
Sometimes, it is wiser to file a motion to modify parenting time if the problems that you perceive are not so bad that they imminently endanger the child. An experienced restricted parenting time lawyer can evaluate whether it may be wiser to file a motion to modify parenting time or file a motion to restrict parenting time.
Whatever Your Situation, We Can Help
Contact a Denver Modifying Parenting Time Attorney
Plog & Stein, P.C. has been helping family law clients for decades. We believe that each client and each case matters. Our attorneys strive for excellence in the representation they provide. With a great sense of caring and professionalism, we work hard obtain the parenting time outcomes you deserve. As issues of child support often arise when dealing with parenting time modifications, we are also highly experienced in all aspects of child support.
Call us at (303) 781-0322, or contact us online to schedule a consultation with one of our attorneys.
