How to Modify Visitation Rights in Colorado
Child custody arrangements may need to be adjusted alongside major changes in life. What worked initially may not remain the best solution as time progresses. In Colorado, the law recognizes this and provides avenues for parents to modify visitation rights, also known as parenting time.
This guide will walk you through the process of modifying visitation rights in Colorado, helping you understand the legal requirements, procedures, and considerations involved.
Defining Visitation or Parenting Time in Colorado
Before delving into the modification process, it’s crucial to understand what visitation rights entail in Colorado. The state uses the term “parenting time” instead of visitation, emphasizing the importance of both parents’ involvement in their children’s lives. Parenting time refers to the schedule of when each parent can spend time with their child.
Colorado courts prioritize the best interests of the child when making decisions about parenting time. The state encourages parents to work together to create a parenting plan that suits their family’s needs. However, when parents can’t agree, the court will intervene and establish a parenting time schedule.
Reasons for Modifying Visitation Rights
There are various reasons why a parent might seek to modify visitation rights. Some common scenarios are:
- Relocation of one parent
- Changes in work schedules
- The child’s changing needs as they grow older
- Concerns about the child’s safety or well-being
- Improved circumstances of a parent who previously had limited visitation
- Significant changes in either parent’s lifestyle or living situation.
Note that the court will only consider modifying visitation rights if there has been a substantial change in circumstances since the last order was issued.
Legal Requirements for Modification
In Colorado, the process of modifying visitation rights is governed by specific legal requirements. The primary considerations are:
- Best interests of the child: Any modification must be in the child’s best interests. The court will consider factors such as the child’s relationship with each parent, the child’s adjustment to home and school, and the mental and physical health of all parties involved.
- Substantial change in circumstances: The parent requesting the amendment must provide proof that things have changed significantly since the last order was given. This change should be substantial enough to warrant a modification of the existing arrangement.
- Endangerment standard: If the proposed modification would change the parent with whom the child resides, the requesting parent must prove that the current environment endangers the child’s health or significantly impairs their development.
Steps to Modify Visitation Rights in Colorado
1. Attempt to Reach an Agreement
Before filing a formal motion with the court, it’s often beneficial to try to reach an agreement with the other parent. If both parents can agree on a new parenting time schedule, they can submit their agreement to the court for approval. This approach is typically faster and less contentious than litigation.
2. Mediation
If direct negotiation doesn’t work, consider mediation. Many Colorado courts require parents to attempt mediation before proceeding to a hearing. A neutral mediator can help facilitate discussions and guide parents toward a mutually acceptable solution.
3. File a Motion to Modify Parenting Time
If an agreement can’t be reached, the next step is to file a Motion to Modify Parenting Time with the court that issued the original order. This motion should clearly state the reasons for the requested modification and how it serves the child’s best interests.
4. Serve the Other Parent
Once the motion is filed, it must be served to the other parent. This ensures that they are aware of the requested changes and have an opportunity to respond.
5. Attend the Hearing
If the other parent contests the modification, a hearing will be scheduled. Both parties will have the opportunity to present evidence and arguments supporting their position. The judge will then make a decision based on the evidence presented and the best interests of the child.
Gathering Evidence for Your Case
When seeking to modify visitation rights, it’s crucial to gather compelling evidence to support your case. This may include:
- Documentation of changes in circumstances (such as new job schedules or relocation notices)
- School records showing the child’s academic performance or behavioral issues
- Medical records if health concerns are a factor
- Witness statements from teachers, healthcare providers, or other relevant parties
- Documentation of the current parenting time arrangement and how it’s working (or not working).
Remember, the more concrete evidence you can provide, the stronger your case will be.
Emergency Modifications
In some cases, a parent may need to seek an emergency modification of visitation rights. This typically occurs when there’s an immediate risk to the child’s safety or well-being. Examples might include:
- Suspected abuse or neglect
- Substance abuse by the other parent
- A parent’s mental health crisis that impacts their ability to care for the child.
In these situations, the court can issue temporary orders to protect the child while the case is pending. However, the parent seeking the emergency modification must provide clear evidence of the imminent danger to the child.
The Role of the Child’s Preference
As children grow older, their preferences regarding parenting time may change. Colorado law doesn’t specify an age at which a child’s preference must be considered, but judges often give more weight to the opinions of older, more mature children. Note, however, that a child’s preference is just one factor among many that the court will consider.
The Impact of Relocation
Relocation cases can be particularly complex when it comes to modifying visitation rights. If one parent wishes to move with the child to a location that would substantially change the geographical ties between the child and the other parent, they must obtain court approval. You can request a modification of visitation rights if you want to move out of state with your child, but this relocation is subject to specific legal requirements in Colorado.
If you have majority time with the child or equal parenting time, you must provide written notice to the other parent of your intent to relocate. This communication should include:
- The proposed location
- The reason for the move
- A proposed new parenting time schedule.
The other parent then has the opportunity to object to the relocation. If they do, the court will schedule a hearing to determine whether to allow the move and how to modify the parenting plan accordingly.
The court will consider several factors, including:
- The reasons for the relocation
- The other parent’s reasons for opposing the move
- The history and quality of each parent’s relationship with the child
- Educational opportunities for the child in both locations
- The presence of extended family in either location
- The child’s ties to their current community.
Importantly, the parent proposing the move bears the burden of showing that the relocation is in the child’s best interests. These cases can be complex, and it’s often advisable to seek legal counsel if you’re considering an out-of-state move with your child.
Enforcing Modified Visitation Orders
Once a new visitation order is in place, it’s crucial that both parents adhere to it. If one parent consistently violates the order, the other parent can seek enforcement through the court. This might involve filing a motion for contempt, which could result in penalties for the non-compliant parent.
Frequently Asked Questions (FAQs)
How often can I request a modification of visitation rights in Colorado?
In most custody cases in Colorado, you may only modify visitation rights every two years. The only exceptions are the following:
- Endangerment: The child’s physical or emotional wellbeing is in danger, hence they need to be removed from their current environment.
- Relocation: A more timely modification may be granted if you’re the custodial parent and are relocating in such a way that would greatly change the child’s geographical ties with the other parent.
Courts generally prefer stability for children and may be reluctant to make frequent changes. You typically need to show a substantial change in circumstances since the last order was issued. If you file repeated motions without demonstrating significant changes, the court may view this unfavorably and potentially order you to pay the other parent’s legal fees.
Can my child decide which parent they want to live with in Colorado?
In Colorado, a child is not limited in age to choose which parent they wish to live with on their own. However, as children get older, courts tend to give more weight to their preferences. The judge will consider the child’s wishes as one factor among many when determining custody arrangements.
The court will assess the child’s maturity level and ability to make reasoned decisions. They’ll also consider whether the child’s preference is based on substantive reasons rather than superficial factors.
Note that even if a child expresses a strong preference, the court will still prioritize what it believes to be in the child’s best interests, which may not always align with the child’s wishes.
What if the other parent refuses to follow the new visitation order?
If the other parent consistently refuses to follow a court-ordered visitation schedule, you have several options:
- Document the violations: Keep a detailed record of each instance where the other parent fails to comply with the order.
- Attempt to communicate: Try to resolve the issue directly with the other parent, preferably in writing.
- Consider mediation: A neutral third party might help you and the other parent work out your differences.
- Seek a modification: If the current order is consistently unworkable, you might need to seek a modification that better reflects the realities of your situation.
- File a motion for contempt: If other methods fail, you can file a motion with the court asking them to enforce the order. The court may impose penalties on the non-compliant parent, including fines, make-up parenting time, or even jail time in extreme cases.
Remember, it’s crucial to continue following the order yourself, even if the other parent isn’t complying. Violating the order yourself could harm your position in future legal proceedings.
How long does it typically take to modify visitation rights in Colorado?
The time it takes to modify visitation rights in Colorado can vary significantly depending on several factors:
- Agreement between parents: If both parents agree on the modification, the process can be relatively quick, potentially taking just a few weeks to get court approval.
- Contested modifications: If the other parent opposes the modification, the process can take three to six months or more, depending on the court’s schedule and the complexity of the case.
- Court backlog: The specific court’s caseload can impact timing. Some courts may have longer wait times for hearings than others.
- Mediation: If mediation is required or chosen, this can add time to the process, but it may ultimately lead to a faster resolution if an agreement is reached.
- Complexity of the case: Cases involving relocation or significant changes to the parenting plan may take longer due to the need for more extensive evidence and potentially longer hearings.
- Emergency situations: In cases where there’s an immediate threat to the child’s safety, the court may act more quickly to issue temporary orders.
Even after a decision is made, it may take additional time for the judge to sign the final order and for it to be processed by the court. While waiting for the modification process to complete, both parents should continue to follow the existing court order unless there’s an emergency situation that requires immediate action for the child’s safety.
If You Have Visitation Concerns or Want To Modify Your Colorado Child Visitation Agreement, Contact Goldman Law
While it’s possible to request visitation modification on your own, having experienced legal representation can be invaluable. A skilled family law attorney can help you understand your rights, gather appropriate evidence, negotiate with the other parent or their attorney, and present a compelling case.
At Goldman Law, we understand the complexities involved in modifying visitation rights in Colorado. Our experienced visitation attorneys can guide you through the process, ensuring that your rights and your child’s best interests are protected every step of the way. If you’re considering modifying your visitation rights, don’t hesitate to reach out to us at (303) 656-9529 for a consultation.
