Child Visitation Attorneys in Denver
Protecting Parents’ Rights to Parenting Time
The attorneys at Denver Family Lawyers are dedicated advocates for our clients. With over two decades of experience, our firm is committed to helping parents establish or modify visitation agreements.
We understand that visitation matters can be emotionally charged and deeply personal. Our approach is characterized by compassion, empathy, and a commitment to understanding your individual needs. We strive to provide personalized counsel and help parents protect their relationships with their children.
Get in touch with our Denver visitation lawyers today by calling (303) 225-3343.
What Is Child Visitation?
Child visitation, also known as parenting time, refers to the scheduled time a non-custodial parent spends with their child. This arrangement is typically established as part of a divorce, separation, or other legal agreement, and it allows for the non-custodial party and child to continue having ongoing contact, fostering a positive relationship.
It is important to differentiate between visitation and custody. While both involve a parent's time with a child, custody grants a parent legal rights and responsibilities. Legal custody encompasses the right to make significant decisions about the child's life, such as medical care, education, and religious upbringing. Physical custody refers to the child's primary residence.
In contrast, visitation does not allow for these rights or responsibilities. Non-custodial parents have the right to spend time with their children, but they do not have legal or physical custody.
How Are Visitation Rights Determined in Colorado?
The court encourages parents to agree on their own visitation schedule. In cases where parents cannot create a reasonable visitation schedule, the court will make its own determination, which is permanent and enforceable. They will consider the best interest of the child and consider various factors outlined in C.R.S. § 14-10-124.
The factors include, but are not limited to, the following:
- The relationship between the child and their parents, siblings, and other parties in the home that will significantly impact the child’s well-being.
- The mental and physical health of all parties involved.
- The ability of each party to understand and meet the needs of the child.
- The child’s ability to adjust to their home and school life based on parenting time determinations.
It is important to note that the court does consider the child’s opinion if they are considered mature enough to understand and share their preferences. However, the child’s wishes are just one of the many factors that influence the final determination.
Can Grandparents Get Visitation in Colorado?
Grandparents and other third parties (i.e., siblings, aunts, uncles, and step-parents) can petition for visitation rights (or family time). To seek visitation, third parties must prove that they have an established relationship with the child, or the following must be true:
- The child’s parents must be dead.
- The child has been adopted.
- The child was removed from parental care.
As always, the court will prioritize the best interest of the child. The court will consider evidence of the grandparent’s past conduct and fitness (see C.R.S. § 19-1-117.7).
Can Visitation Orders Be Changed?
Yes. Parents can petition the court to modify their visitation orders. However, parents can only file two years after filing a similar petition regardless of the prior motion’s outcome (see C.R.S. § 14-10-219).
Is Visitation Always Supervised?
No, the court typically restricts visitation in instances where a parent’s behavior raises concerns about the child’s safety. Parents are usually offered supervised visits when there is evidence of any of the following:
- Abandonment. Even if a parent has returned and wishes to have parenting time, evidence of previous instances of having left your child can influence the court to require that visits be monitored.
- Domestic violence. Unless there is evidence of extreme instances of abuse, the court can award a parent supervised visitation.
- Emotional harm. If the court is shown evidence that parenting time with the non-custodial parent causes a child emotional distress, they may restrict visitation.
- Mental illness. Parents are not barred from custody or visitation because of a mental illness. However, if the illness impacts their parenting ability or the child’s well-being, the court will order supervised visits.
- Risk of abduction. If the court reasonably believes that the non-custodial party will abduct the child, they can order supervised visits. Evidence that can substantiate this risk includes a parent threatening to take the child or previously having taken the child out of state or out of the country for extended periods (and without the other parent’s knowledge or permission).
- Substance abuse. Judges can require supervision in cases where a non-custodial parent has an addiction issue that may affect parental fitness.
Who Provides Supervised Visits?
The court can mandate that various parties are to supervise visits. Common parties asked to provide supervision include:
- Custodial parent. The court may ask that the other parent be present during visitation times.
- Third parties. If the custodial parent is unable or unwilling to be present, another third party, such as grandparents, friends, or other relatives, can act as the supervising party.
- Groups. The non-custodial parent may be allowed visitation in a public setting where one or more supervisors can be present.
- Therapists. Supervised visitation may only be allowed during parent-child therapy sessions, which means being supervised and guided through the visit by a certified counselor.
- Telephone or video monitoring. Rather than having a person be physically present, the non-custodial party may be asked to submit to some form of electronic monitoring (i.e. via phone, videoconferencing, etc.).
Consult with Our Skilled Denver Visitation Attorneys
Our attorneys are seasoned professionals equipped to help you mediate or litigate your parenting time arrangement. We are known for being aggressive advocates and a trusted partner for our clients, as we take the time to understand your wishes and your case specifics, explain potential case outcomes, and work to help you achieve favorable results.
Contact us at (303) 225-3343 for a case consultation.
