CHILD VISITATION ATTORNEYS
IN COLORADO
Modern Family Law's compassionate Colorado child custody attorneys specialize in helping parents navigate the legal system and establish fair and appropriate parenting plans for their children. Our lawyers have the experience and knowledge necessary to help parents understand their rights and responsibilities, and to advocate for their clients in court.
Our child custody lawyers can assist with a variety of issues related to child visitation, including creating a parenting plan, modifying an existing plan, and enforcing court orders. Learn about child visitation in Colorado below including:
Our experienced Colorado child custody attorneys understand that no case is the same. We encourage you to reach out and share the details of your case with them so they can provide you with the guidance you need. Whether you are a parent seeking to establish or modify a child visitation schedule, or you are in need of assistance with a child custody dispute, our Colorado attorneys are here to support you and ensure that your relationship with your child is preserved.
WHAT IS
CHILD VISITATION IN COLORADO?
In Colorado, child visitation is now called parenting time. Visitation or 'parenting time' refers to the time that a non-custodial parent, or a parent who does not have primary physical custody of a child, spends with their child. Child visitation schedules can be established through a parenting plan, which is a legal document that outlines the terms of custody and visitation for a child. A parenting plan typically includes details about when the child will spend time with each parent, as well as any other relevant information such as transportation arrangements and communication guidelines.
Child visitation schedules can also be established through a court order, which is issued by a judge after considering the best interests of the child. Child visitation in Colorado can be flexible and can include different types of arrangements such as overnight visits, weekends, holidays, and in some cases supervised visits.
HOW IS CHILD VISITATION
DETERMINED IN COLORADO
In Colorado, child visitation is determined based on the best interests of the child. This means that when determining a child visitation schedule, the court will consider factors such as the child's age, health, emotional and physical needs, and any other factors that may be relevant to the child's well-being. The court may also consider the parents' ability to communicate and cooperate with each other, as well as any past history of abuse or neglect.
In Colorado, the courts prefer when parents can agree to a form of visitation schedule known as reasonable visitation. Reasonable visitation is when parents are able to work out a visitation schedule themselves. This allows parents more flexibility as they can adjust to one anothers daily routines. However, this requires the parents to be cooperative and amicable with one another.
When parents aren't able to work together to form a reasonable visitation schedule it falls on the court to determine what is known as a fixed visitation schedule. A fixed visitation schedule is firm, enforcable by the court, and doesn't offer the flexibility of reasonable visitation. The courts priority in determining a schedule is what is in the best interest of the children. Colo. Rev. Stat. §14-10-124 states that in determining the best interests of the child for purposes of parenting time, the court shall consider all relevant factors, including:
Best Interest of the Child Considerations
“(I) The wishes of the child’s parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;
(IV) The child’s adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that a disbility alone shall not be a basis to deny or restrict parenting time;
(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this factor;
(VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time, commitment, and mutual support;
(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
(XI) The ability of each party to place the needs of the child ahead of his or her own needs.”
WHAT ARE THE MOST COMMON
PARENTING PLANS IN COLORADO?
In Colorado, the courts prioritize the best interests of the child when making decisions regarding custody and visitation. The court handling each specific case has a wide range of discretion to determine the arrangement that is best for the child. However, it is generally accepted by the court that it is beneficial for children to have equal time with both parents. As such, there are two popular parenting plans in Colorado that allow for a 50/50 time share.
The 3-4-4-3 parenting plan is one of the popular shared custody parenting plans in Colorado. This plan ensures that children are never separated from a parent for more than 4 days at a time. It alternates between 3 days with one parent and 4 days with the other, followed by 4 days with the first parent and 3 days with the second parent.
Another common shared custody schedule Colorado parents frequently utilize is the 2-2-5-5 parenting plan. This schedule allows for frequent contact between each of the parents, it allows for both parents to get weekend days with their kids, and it provides an easy to remember structure for everyone involved.
While shared parenting time is preferable in Colorado, it isn't always in the best interest of the child(ren). It is important to consider the unique needs and circumstances of your child and your family. Some of the factors to consider include the age and developmental stage of the child, the child's relationship with each parent, the parents' work schedules, and the distance between the parents' homes. Additionally, it is important to think about the child's school schedule, extracurricular activities, and any special needs or considerations.
Try our Parenting Time Calculator
CAN THIRD PARTIES OUTSIDE OF THE
BIOLOGICAL PARENTS BE GRANTED VISITATION?
In Colorado, grandparents and other third parties, such as step-parents, aunts, uncles, and siblings, have the right to seek court-ordered visitation with a child under certain circumstances. They can file a petition for visitation with the court if they can demonstrate that the child has established a significant relationship with the third party. They can also seek visitation if the child's parents have died, or if the child has been adopted. However, the court will consider the best interests of the child when determining whether to grant the petition for visitation.
Colorado has laws that specifically address the child visitation rights of grandparents. According to state law, grandparents may be granted visitation while the parents are still alive, regardless of the parents' marital status.
COL. REV. STAT. § 19-1-117 states the following regarding grandparent's visitation rights:
” Any grandparent of a child may seek a court order granting the grandparent reasonable grandchild visitation rights when there is or has been a child custody case or a case concerning the allocation of parental responsibilities relating to that child.“
Obtaining child visitation rights as a step-parent in Colorado can be difficult, especially when the biological parents are alive and object to the visitation. However, laws are in place that allow step-parents to seek visitation rights under certain conditions. Ultimately, whether a court grants visitation rights to a step-parent will depend on whether it is deemed to be in the best interests of the child. According to Colorado state law, it is not common for parties other than those specified to be granted child visitation rights.
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FREQUENTLY ASKED QUESTIONS ABOUT
CHILD VISITATION IN COLORADO
At What Age Can A Child Refuse Visitation In Colorado?
In Colorado, there is no specific age at which children are legally allowed to make decisions regarding custody and visitation. However, family courts generally give children more autonomy starting at age 14, and take into account the child’s requests when they reach the age of 16 or 17. According to the Colorado Revised Statutes 14-10-129, there must be substantial evidence of emotional or physical harm to the child’s development before any custody arrangements can be altered. Even if a child at the age of 16 wants to live with a specific parent, if the custodial parent is not harmful to the child’s development, the primary residential custody will remain unchanged.
Is It Possible To Refuse A Court Ordered Visitation In Colorado?
In Colorado, it is illegal to deny court-ordered visitation. All court orders in family law cases must be followed. Failure to comply with a court order can result in severe consequences, including fines, contempt of court, imprisonment, and even criminal charges. These penalties can be more severe if the parent’s actions have harmed the child.
How Often Can A Parent Request Changes To Visitation Orders In Colorado?
As per C.R.S. 14-10-129, parents can only petition for changes in visitation or primary residence every two years after filing a similar motion, regardless of the outcome of the prior motion. They must wait two years before they can file another petition.
OUR COLORADO CHILD CUSTODY LOCATIONS
COLORADO SPRINGS
CHILD CUSTODY LAWYERS
9362 Grand Cordera Pkwy Suite 205,
Colorado Springs, CO 80924
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CHILD CUSTODY LAWYERS
3711 John F Kennedy Pkwy Suite 225,
Fort Collins, CO 80525
(970) 410-8241
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