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.
Effective visitation arrangements are essential for maintaining a parent-child relationship post-divorce or separation. Each family dynamic is unique, requiring customized solutions that acknowledge the child's best interests and the parent's circumstances. By focusing on these elements, we help mitigate potential conflicts and ensure a cooperative environment.
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.
Visitation arrangements can vary widely in frequency and duration, from weekend visits to extended time during school vacations. The goal is to ensure a regular, predictable schedule that supports the child's emotional and psychological well-being. Tailoring visitation to fit the child's developmental stage can be crucial in facilitating a seamless transition between homes.
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. A stable family connection can greatly influence a child's sense of security and well-being.
- The mental and physical health of all parties involved. Maintaining a safe and supportive environment for the child is paramount.
- The ability of each party to understand and meet the needs of the child. Considering each parent's capacity to provide for the child's development and daily care.
- The child's ability to adjust to their home and school life based on parenting time determinations. Stability in the child's living situation and educational environment is a critical factor in fostering positive growth.
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 influencing the final determination. Additionally, the court may appoint a guardian ad litem or conduct home visits to gather more insights into the child's living situation and familial interactions.
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 court often prioritizes the continuity of the child's relationships with family members.
- The child has been adopted. Grandparents may retain certain visitation privileges depending on the nature of the adoption circumstances.
- The child was removed from parental care. In situations involving foster care or institutional living arrangements, the court may consider ongoing family contact as beneficial to the child's welfare.
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). It is also crucial to demonstrate how continued contact aligns with the child's emotional needs and developmental continuity, ensuring that family bonds are preserved when they contribute positively to the child's life.
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). Modifications typically require evidence of significant changes in circumstances that affect the child's welfare or the existing order's feasibility.
A skilled visitation attorney can help navigate the legal aspects of pursuing changes to an order. This often involves gathering documentation that demonstrates the need for adjustment and persuading the court that the proposed changes better serve the child's best interests. Documentation might include evidence of improved parent-child relationships, changes in parental work schedules, or alterations in the child's educational or health needs.
Understanding Parenting Plans in Denver
In Denver, a parenting plan is essential to establishing a clear understanding of visitation and custody arrangements. These plans outline the details of how parenting time will be shared, who will make legal decisions for the child, and how changes can be administered. A comprehensive plan should be crafted with the child's needs as the priority, considering their school activities, health requirements, and social relationships.
The specificity of the plan is crucial, covering holidays, vacations, and in some cases, virtual visitation options. It is recommended that the plan be reviewed periodically and adjusted as the child grows and family situations evolve. In the event of a disagreement, a well-documented plan can serve as a guideline to resolve any disputes and minimize conflict. At Denver Family Lawyers, our goal is to facilitate these agreements through meditative methods, ensuring all parties understand their roles and responsibilities.
Penalties for Violating Visitation Orders in Colorado
Visitation orders are legally binding, and violations can lead to serious consequences. In Colorado, failure to comply with a visitation order may result in contempt of court. This can lead not only to fines but also potential changes to the visitation arrangements. Repeated violations are looked upon critically by the court, and parents risk losing their visitation rights if they continuously fail to adhere to the schedule.
To avoid penalties, parents should communicate any unforeseen changes with their co-parent and try to resolve disagreements amicably. Documenting communication and keeping a record of any alterations to the agreed schedule can serve as evidence if disputes arise. Understanding that the visitation framework is designed to serve the best interests of the child is key to adhering to these arrangements. At Denver Family Lawyers, we can assist in managing these challenges to avoid legal consequences.
Get started on your case today. Contact us at (303) 225-3343 for a consultation.
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.
While not all situations warrant supervised visitation, when determined necessary, it serves to protect the child's physical and emotional well-being. The court's decision on supervised visits aims to prevent adverse impacts while still allowing the child to maintain a relationship with the non-custodial parent.
Consistency in supervised visitation can contribute to criminal rehabilitation and emotional healing, ensuring that both parent and child have structured, supportive environments conducive to nurturing a positive relationship over time.
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.).
Supervised visits aim to offer a safe and structured environment. This helps to mitigate potential risks while enabling the non-custodial parent to connect with the child. Selection of a supervisor is typically determined on a case-by-case basis, considering all relevant circumstances and potential impacts on the child.
Supervision is typically intended as a temporary measure, ideally transitioning toward traditional visitation as circumstances improve and assurance of the child's safety and well-being is established. Successful supervised visitation requires collaboration among all parties to ensure that the arrangements are effective and beneficial for the child's development.
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.
Our team at Denver Family Lawyers is committed to guiding you through the complexities of visitation law. With our deep understanding of local policies and our strategic approach to representation, we aim to provide solutions that align with your goals and your child's needs. Seek our guidance to navigate the Colorado legal landscape, and let us assist you in maintaining a nurturing and stable environment for your child.
Contact us at (303) 225-3343 for a consultation.
Frequently Asked Questions About Child Visitation in Denver
What If My Co-Parent Does Not Comply with the Visitation Order?
In instances where a co-parent does not adhere to a visitation order, the affected party can petition the court for enforcement. The court might impose corrective measures, such as altering the schedule, mandating make-up visitation time, or even imposing fines for contempt of court. It's crucial to maintain thorough documentation of non-compliance incidents, communications, and any attempts to resolve the matter amicably. Consulting with a visitation attorney in Denver can provide strategic guidance in reinforcing and safeguarding your parental rights, ensuring that custody arrangements align with legal requirements and the child's best interests.
Can a Child Refuse Visitation in Colorado?
In Colorado, while a child's preferences may be taken into account, they do not have the legal right to refuse visitation. If a child expresses reluctance or resistance, it is important to explore the underlying reasons and address them constructively, possibly through mediation or counseling. The court emphasizes the importance of maintaining structured visitation to preserve familial bonds unless there's a substantial reason that parenting time may be detrimental to the child's welfare. Parental encouragement and open communication are critical in addressing the child's concerns and aligning visitation schedules with their comfort and well-being.
What Are the Implications of Relocating With My Child in Denver?
Relocation with a child post-divorce or separation can be a complex legal matter. It generally requires court approval, especially if it significantly impacts the existing visitation schedule. Key considerations include the distance of the move, reasons for relocation, and the potential effects on the child's life and parental relationships. Judicial decisions ultimately aim to balance the relocating parent's intentions with the existing custody arrangements and the child's best interests. If you're considering relocation, consulting with a knowledgeable visitation lawyer in Denver can help navigate the legal requirements, potential roadblocks, and alternative arrangements needed to maintain compliance with your visitation obligations.
How Does Mediation Help in Visitation Disputes?
Mediation plays a pivotal role in resolving visitation disputes by facilitating open communication and negotiation between conflicting parties. A neutral mediator assists parents in discussing their concerns, wishes, and the child's needs, encouraging cooperative solutions that might be more flexible and satisfactory than court decisions. This method minimizes resentment and helps foster a mutually beneficial parenting agreement. Mediation is not only less adversarial than formal legal proceedings but also supports the parents' autonomy in crafting arrangements that fit their unique situations. It can result in quicker, less costly resolutions and preserve familial relationships.
How Can I Modify a Visitation Schedule Due to a Change in Employment?
Changes in employment, such as new work hours or relocation, may necessitate adjustments to an existing visitation schedule. The impacted parent should communicate these changes to the other parent and propose a revised schedule that continues to meet the child's needs while accommodating the new circumstances. If both parties agree, a revised plan can be formally submitted to the court for approval. In cases of disagreement, seeking mediation or legal counsel may be beneficial to negotiate a fair adjustment. It is important to ensure that the child's routine and emotional needs remain a priority in any new arrangement.
