Best Child Visitation Lawyers in Colorado

About Child Visitation Law in Colorado, United States

Child visitation, also known as "parenting time," is a legal concept that determines how parents and sometimes other family members can spend time with a child when the parents are separated or divorced. In Colorado, child visitation laws are designed to serve the best interests of the child by ensuring meaningful relationships with both parents whenever possible. The courts consider several factors when deciding visitation, such as the child's wishes, the parents' wishes, and any history of domestic violence or substance abuse. Ultimately, Colorado law prioritizes stability, safety, and the child's well-being when making decisions about visitation.

Why You May Need a Lawyer

Navigating child visitation issues can be complex and emotionally charged. Legal assistance may be necessary in the following situations:

• Disagreements between parents about visitation schedules or parenting time arrangements
• Concerns for the child's safety due to potential abuse, neglect, or dangerous environments
• Modifying an existing visitation order due to changes in parental circumstances or the child's needs
• Difficulties enforcing a court-ordered visitation schedule
• Interstate visitation or parental relocation issues
• Grandparents or other family members seeking visitation rights
• Conflicts involving parental alienation or interference with visitation
• Understanding your rights and obligations under Colorado law

Local Laws Overview

Colorado's laws regarding child visitation are detailed in the Colorado Revised Statutes, mainly under Title 14 - Domestic Matters. Here are some key aspects:

• Courts prefer parents develop their own parenting plan, but the judge will step in if an agreement cannot be reached.
• The primary standard is the child's "best interests," not the parents' preferences.
• Visitation is generally expected unless it would endanger the child's physical or emotional health.
• Visitation can be supervised if there are safety concerns involving either parent.
• Visitation rights may also extend to grandparents in some circumstances, especially when one parent is deceased or parental rights have been terminated.
• Colorado encourages frequent and continuing contact with both parents unless restricted by court findings.
• Modifications to visitation orders require a substantial change in circumstances and must continue to serve the child's best interests.

Frequently Asked Questions

What is "parenting time" in Colorado?

Parenting time refers to the court-ordered schedule that determines when each parent will spend time with their child. It is the term Colorado uses for child visitation.

How is visitation determined in Colorado?

Courts consider several factors including the child's age, emotional ties, the ability of each parent to encourage a positive relationship with the other parent, and any history of violence or substance abuse.

Can visitation be denied to a parent?

Visitation may be denied or restricted by the court if there is evidence that parenting time would endanger the child's physical or emotional health.

Is supervised visitation an option?

Yes, supervised visitation can be ordered if there are concerns regarding the child's safety with the non-custodial parent.

Can grandparents get visitation rights in Colorado?

Grandparents can sometimes be granted visitation rights, especially if one parent is deceased, the parents are divorced, or a non-parent has legal custody.

How are disagreements about visitation enforced?

Visitation orders are enforceable by law. If one parent does not comply, the other may file a motion with the court to enforce the order and seek make-up time or sanctions.

How can a visitation order be changed?

A parent must show a significant change in circumstances and demonstrate that a modification would be in the child's best interests to successfully request a change.

What if a parent wants to move out of state with the child?

Parental relocation affecting visitation requires either consent from the other parent or approval from the court. The judge will examine how the move impacts the child.

What happens if my ex is preventing my visitation?

You can file a motion to enforce the existing order. The court can intervene and impose penalties or grant compensatory parenting time if necessary.

Do children have a say in visitation decisions?

Courts may consider the wishes of children who are mature enough to express a preference, but the final decision always centers on the child's best interests.

Additional Resources

If you need more information or support, consider the following resources:

• Colorado Judicial Branch - Provides forms, information, and self-help resources on family law matters.
• Colorado Office of the Child's Representative - Advocates for children and can provide insight on child-focused legal solutions.
• Colorado Legal Services - Offers legal help for low-income individuals, including family law services.
• Local family law facilitators at your county courthouse - Assist with paperwork and procedural questions.
• Licensed Colorado family law attorneys - Can provide specific advice and representation.

Next Steps

If you are facing child visitation issues, start by documenting your situation and gathering relevant court orders or agreements. Review your options for negotiation or mediation before turning to the courts whenever possible. If your situation is complex, contested, or involves safety concerns, consider consulting a qualified family law attorney in Colorado. Many offer free initial consultations to discuss your case. You can also utilize local court facilitators or self-help centers for guidance on filling out and filing paperwork. Ensure all actions and communications are in the best interests of your child. If you are unsure about your rights, a legal professional can clarify your options and help you navigate the process effectively.