Under Colorado law, when couples divorce, it is generally the court’s opinion that both parents will be allowed as much access as possible to their children. However, sometimes parenting plans can become contentious, or the original agreement may become disputed based on the actions of one parent or the other. This may come about as the result of abuse, negligence, criminal activity or other types of similar actions.
When this happens, there are legal remedies a parent can pursue to restrict parenting time. With the assistance of an attorney or a family court facilitator, you can file a Motion to Modify Parenting Time with the court. In addition, you’ll probably need to complete a revised Parenting Plan that outlines the reasons and relevant facts for your case and why you are seeking to change the terms of visitation.
After submitting these forms with the court and making sure that the other parent gets a copy, a court hearing date will be set.
At the hearing, you must be prepared to submit evidence that shows a child’s physical health or emotional development are in danger in a significant way. This is the only way that a court can restrict the other parent’s parenting time. Your evidence can include eyewitnesses, school and doctor’s records, photographs, correspondence or other materials that will support your claim.
In instances where the threat to the child is immediate and the child could be in considerable danger, you will most likely be granted a hearing within seven days. Be sure that your evidence is strong, or you could end up paying court costs and the other parent’s attorney’s fees as well as your own.
Most of the time, the court will make a ruling on the same day as your hearing, issuing a written order that will supersede visitation rights that are currently in place.
Faletti Law Office focuses on family law, tax law, bankruptcy and estate planning for clients in Bloomfield and the surrounding Colorado communities of Arvada, Westminster, Northglenn, Commerce City, Erie, Brighton, Lafayette, Longmont, Firestone, Thornton, Adams County, Jefferson County and beyond.