Colorado Parenting Time Guidelines
Parenting time in Colorado after a divorce or breakup can be an emotional and stressful experience.
As parents ourselves, we understand firsthand the challenges you may face during this difficult period.
Throughout our years of practice, we’ve had the privilege of guiding numerous clients through this process. We dedicated ourselves to researching the most effective solutions.
Our aim in this guide is to provide you with clear, concise answers to the most commonly asked questions about parenting time in Colorado. We’ll discuss how to establish schedules that work for your family, modify existing orders when necessary, and foster a healthy co-parenting relationship.
Understanding Colorado Parenting Time Guidelines
Colorado has specific guidelines for determining parenting time, which aim to ensure the child’s best interests are met.
These guidelines help establish a parenting plan that outlines each parent’s responsibilities and the child’s schedule between households.
Determining What's in the Best Interest of the Child
When determining what’s in the best interest of the child for parenting time, Colorado courts consider several factors. These include:
The child’s preferences
Relationships with each parent
Adjustment to home and school
Mental and physical health of all parties involved
Each parent’s involvement in the child’s life
Distance between homes
Ability to support the other parent’s relationship with the child
Prioritization of the child’s needs
Any history of neglect or abuse
Experienced family law attorneys can help you understand how these factors may impact your parenting time case. The court’s goal is to create a parenting plan that promotes the child’s physical, mental, and emotional well-being. This means ensuring the child has frequent and meaningful contact with both parents, as long as it’s safe and appropriate.
We work closely with our clients to gather evidence and present a strong case demonstrating how their proposed parenting time arrangement aligns with the best interest factors. By focusing on the child’s needs and collaborating with the other parent when possible, we strive to achieve the best positive outcomes for families navigating parenting time issues.
Types of Parenting Time Orders
Courts determine parenting time based on the child’s best interests. The types of parenting time orders that may be issued include:
Equal parenting time: Both parents have roughly equal time with the child, such as alternating weeks or a 2-2-3 schedule.
Primary residence with one parent: The child lives mainly with one parent, while the other parent has parenting time on a set schedule.
Supervised parenting time: If there are concerns about a parent’s ability to care for the child safely, visits must be supervised by a third party.
Restricted parenting time: In cases involving domestic violence or substance abuse, the court may restrict a parent’s time with the child to protect their well-being.
Long-distance parenting plans: When parents live far apart, the plan includes extended visits during school breaks and regular communication.
Graduated parenting plans: For infants and young children, the noncustodial parent’s time with the child slowly increases as they grow older.
Modifying Parenting Time Orders in Colorado
If circumstances have changed since your original parenting time order was put in place, you may need to seek a modification.
We can guide you through the process of filing a motion to modify parenting time in Colorado and help you present a strong case for why the change is necessary.
Steps to File for a Modification
Modifying a parenting time order in Colorado requires following specific steps.
Here’s how to navigate the process to ensure your child’s best interests are met:
Make sure you meet the criteria for modification. There must be a major change in circumstances that justifies a modification, like relocation, changes in work schedule, or concerns about the child’s well-being.
Try to reach an agreement with the other parent first. If possible, discuss the proposed changes and try to find a solution you both agree on. This can save time and money compared to going to court.
File a motion to modify parenting time if an agreement can’t be reached. File the motion with the court that issued the original order. Include the proposed changes and reasons for the modification request.
Serve the other parent. They must be formally notified of the motion by receiving a copy of the documents. This can be done in person or, in some cases, by mail.
Go to mediation or a hearing. The court may require mediation to try to resolve issues before scheduling a hearing. If mediation doesn’t work or isn’t required, a hearing will be scheduled for both parents to present their case.
Provide evidence supporting your request at the hearing. Present evidence showing why the modification is necessary, like witness testimony, documents, or expert opinions. The court will consider the child’s best interests, the relationship between the child and each parent, and each parent’s ability to encourage a positive relationship with the other parent.
Obtain a court order. After considering the evidence, the judge will rule to either grant or deny the modification request. If granted, a new parenting time order will be issued that both parents must follow.
Responding to Modification Requests
If the other parent files a motion to modify parenting time, you have the right to respond and present your case.
Here are the steps to take when responding to a parenting time modification request in Colorado:
Review the motion carefully: Read through the motion to modify parenting time filed by the other parent. Make note of the specific changes they are requesting and their reasoning behind the proposed modifications.
Consult with a family law attorney: It’s advisable to seek guidance from an experienced family law attorney, like those at our firm, Moran, Allen & Associates Family Law. We can help you understand your rights, evaluate the merits of the motion, and develop a strong response strategy.
File a response with the court: You’ll need to file a written response to the motion within the time frame specified by the court, typically 21 days from the date you were served. In your response, clearly state whether you agree or disagree with the proposed modifications and provide supporting evidence for your position.
Gather supporting evidence: Collect any relevant documentation that supports your stance on the modification request. This may include communication records, school reports, medical records, or witness statements that demonstrate why the current parenting time arrangement should be maintained or why the proposed changes are not in the best interests of your child.
Attend the hearing: If the court schedules a hearing on the modification request, make sure to attend and be prepared to present your case. We can represent you during the hearing, present evidence, cross-examine witnesses, and argue on your behalf.
Comply with the court’s decision: After considering the evidence and arguments presented, the court will issue a decision on the modification request. It’s crucial to abide by the court’s order, even if you disagree with the outcome. If you believe the court made an error, we can advise you on the possibility of filing an appeal.
Utilizing Online Tools for Managing Parenting Schedules
Online tools can be incredibly helpful for managing parenting schedules in Colorado.
We recommend utilizing these platforms to improve communication and clarity around your parenting time arrangements, especially for holidays, vacations, and special occasions.
By using online tools, you can more easily coordinate schedules, reducing the potential for disputes or misunderstandings. These tools allow both parents to have access to the most up-to-date schedule information, ensuring everyone is on the same page when it comes to parenting time.
Conclusion
We hope this guide has helped clarify parenting time in Colorado. Parenting plans should focus on the child’s best interests. If you need help with your parenting plan, contact us at Moran, Allen & Associates Family Law for a free consultation. We’re here to guide you through the process and protect your parental rights.
FAQs
A parenting plan outlines custody arrangements, parenting time schedules, and decision-making responsibilities for children when parents separate or divorce in Colorado.
Courts consider the child’s best interests when determining parenting time. Factors include the child’s relationship with each parent, the ability of each parent to encourage love and contact between the child and the other parent, and the physical and mental health of all individuals involved.
The 223 schedule is a common custody arrangement where the child spends 2 days with one parent, 2 days with the other parent, and then 3 days with the first parent, alternating each week. This schedule aims to provide frequent contact with both parents.
Yes, either parent can file a motion to modify parenting time if there has been a significant change in circumstances that affects the child’s best interests. The court will review the motion and make a decision based on the evidence presented.
If a parent fails to follow the court-ordered parenting plan, they may face legal consequences. The other parent can file a motion to enforce the parenting plan, and the court may impose penalties such as makeup parenting time, fines, or even jail time in severe cases. It’s crucial for parents to adhere to the plan for the sake of their children’s well-being and to avoid legal repercussions.
