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Free Guide to Hiring a Family Lawyer
In Colorado, including Denver, what many people call "child visitation" is most commonly referred to as parenting time. Parenting time determines when a child spends time with each parent. Courts prioritize the best interests of the child when creating parenting-time schedules and related orders. Parenting time orders can be part of a divorce, separate parenting-time or custody case, or a paternity action. Whether parents are married, unmarried, living apart, or involved with child welfare services, Colorado law provides procedures for establishing, modifying, and enforcing parenting-time arrangements.
Parenting-time issues often involve important emotional, practical, and legal consequences. A lawyer can help you in many common situations, including:
- Establishing parenting time and legal decision-making when parents cannot agree.
- Responding to or filing for a temporary order in a divorce or paternity case that affects where the child lives and who makes day-to-day decisions.
- Seeking supervised visitation or protection from an unsafe parent, or defending against a request for supervised access.
- Modifying an existing order after a substantial change in circumstances, such as a relocation, change in work schedule, or concerns about safety.
- Enforcing a parenting-time order when the other parent denies access, with possible contempt motions or other remedies.
- Addressing jurisdictional issues when a parent moves out of state, or when multiple states claim authority under the Uniform Child Custody Jurisdiction and Enforcement Act - UCCJEA.
- Protecting parental rights for unmarried parents, establishing paternity, and ensuring appropriate legal and physical custody rights.
- Handling complex cases involving domestic violence, substance abuse, mental-health concerns, or involvement with child-protective services.
Key legal points and local practices to understand for Denver and Colorado include:
- Best-Interest Standard: Colorado courts decide parenting time and legal decision-making based on the best interests of the child. Statutory factors include the child's needs, adjustment to home and community, history of parental responsibilities, any history of domestic violence, and other factors the court finds relevant.
- Parenting Time and Legal Decision-Making: Colorado distinguishes between parenting time - when the child is physically with a parent - and legal decision-making - authority over major decisions such as education, medical care, and religion. Parents can share legal decision-making or allocate it to one parent.
- Parenting Plans and Guidelines: Courts encourage detailed parenting plans that set schedules, holiday rotations, communication methods, transportation arrangements, and dispute-resolution procedures. The Colorado Parenting-Time Guidelines provide a framework judges use to create practical schedules.
- Mediation: Many Colorado courts encourage or require mediation or alternative dispute resolution to resolve parenting-time disputes, except when there are safety concerns like domestic violence.
- Temporary Orders: In divorce and paternity cases, temporary orders can set parenting time and support while the case is pending. Temporary orders are often critical because they become the day-to-day reality until final resolution.
- Modification Standard: To modify parenting time or legal decision-making, the moving party generally must show a substantial and continuing change in circumstances that affects the child, and that the requested change is in the best interests of the child.
- Enforcement: If a court order is violated, remedies include filing a motion for contempt, asking the court to make the order more specific, or seeking emergency relief. Repeated violations can lead to sanctions, make-up time for the nonviolating parent, or changes in parenting time.
- Safety and Domestic Violence: Courts take allegations of domestic violence seriously. A history of domestic violence can affect both parenting time and legal decision-making. Courts may order supervised visitation, require staggered exchanges, or restrict contact to protect the child and the other parent.
- Paternity and Unmarried Parents: For unmarried parents, establishing paternity is a key step to obtaining parenting time and legal decision-making. Paternity can be established voluntarily by signing a legal form or through court-ordered genetic testing.
- Interstate Issues - UCCJEA: Colorado follows the UCCJEA. That means a Colorado court must generally have proper jurisdiction before making or changing parenting-time orders, and it will coordinate with other states for enforcement and relocation matters.
Parenting time refers to when a child spends time with each parent. Legal decision-making is the authority to make major decisions affecting the child's life, such as medical care, education, and religious upbringing. Parents can share legal decision-making or allocate it to one parent while still having parenting time with both.
The court focuses on the child's best interests. Judges consider factors like the child's relationship with each parent, stability, the child's adjustment to home and school, the ability of each parent to meet the child's needs, any history of domestic violence, and the child's needs and preferences depending on their age and maturity.
No. Many parents reach agreements through negotiation or mediation and submit a parenting plan for the court to approve. If parents cannot agree, one party can file a petition and ask the court to decide. Even with an agreement, it is important to file the parenting plan as part of the court order to ensure enforceability.
To change an order, you generally must file a motion showing a substantial and continuing change in circumstances that affects the child and that the proposed change is in the child's best interests. Examples include a parent moving, changes in work schedule, or new safety concerns. Emergency relief may be available in urgent situations.
Yes. If there are credible safety concerns such as domestic violence, child abuse, neglect, substance abuse, or other risks, the court can limit or deny parenting time, order supervised visits, or impose other protective conditions. Courts balance the importance of parent-child relationships with safety.
Supervised visitation means a third party monitors visits to protect the child. It is used when the court has concerns about the child's safety during visits due to past abuse, neglect, substance use, or mental-health issues. Supervision can be provided by a professional service, a family member, or an agency, depending on the court order.
First, document the violations - dates, times, communications, missed exchanges, and witnesses. Attempt reasonable communication to resolve the issue. If violations continue, you can file a motion for contempt or enforcement with the court. The court may order make-up parenting time, penalties, or other remedies.
An unmarried father should establish paternity to secure parenting-time and legal decision-making rights. Paternity can be established voluntarily by signing a paternity affidavit or through court-ordered genetic testing. Once paternity is established, the father can seek parenting time, legal decision-making, and child support orders.
Grandparents may seek visitation under limited circumstances, but their rights are more restricted than those of parents. The court will consider the child's best interests and specific statutory criteria, often requiring a showing that denying visitation would harm the child or that the grandparents had an established relationship before the parent-child separation. A lawyer can evaluate the likelihood of success for grandparent petitions.
Relocation that affects parenting time often requires notice to the other parent and sometimes court approval, depending on the parenting plan and order. Moves that substantially interfere with the other parent's parenting time can prompt a modification request. Interstate moves also implicate jurisdictional rules under the UCCJEA, so it is important to get legal advice and follow procedural requirements early.
These local and state organizations can provide information, services, or referrals related to parenting time and family law matters:
- Colorado Judicial Branch self-help centers and court facilitators for forms and procedural guidance.
- Denver County Court or Denver District Court family law clerks for case filing and local court rules.
- Colorado Department of Human Services - Division of Child Support Services for issues involving child support intersections with parenting time.
- Colorado Office of the Child's Representative for appointed representation in dependency and neglect cases.
- Court-appointed special advocate - CASA programs for children involved in dependency cases.
- Local domestic violence and family safety programs for crisis intervention, safety planning, and supervised visitation services.
- Community mediation centers and court-approved mediators to help parents negotiate parenting plans outside of trial.
- Professional supervised-visitation providers in Denver that offer monitored exchanges and visitation settings.
If you need legal assistance with parenting time in Denver, consider these practical next steps:
- Gather documentation: Keep a calendar of parenting-time exchanges, communication records, school and medical records, and any evidence of concerns such as domestic violence or substance use.
- Know your priority: Decide whether your immediate need is establishing parenting time, emergency protection, enforcement, modification, or paternity establishment.
- Use court resources: Visit the local court self-help center to learn about filing procedures, required forms, and whether mediation is available or required in your case.
- Consider mediation: If safety is not at issue, mediation can be a quicker and less expensive way to reach a parenting plan that both parents accept.
- Consult a family-law attorney: Look for attorneys experienced in Colorado parenting-time and custody matters. Ask about experience with Denver courts, fee structures, expected timelines, and likely outcomes. Many attorneys offer an initial consultation to discuss your case.
- Take safety seriously: If you or your child are at risk, contact law enforcement and local domestic violence services immediately and discuss emergency protective orders with an attorney or advocate.
- File the right documents: If you must go to court, ensure petitions, motions, and proposed parenting plans are prepared accurately and filed in the correct Denver court. Missing procedural steps can delay relief.
Parenting-time matters are emotionally charged and legally consequential. Taking organized, informed steps and getting appropriate legal help can protect your rights and promote stability and safety for your child.
