Divorced or unmarried parents who share children require a legal structure in place for sharing custody of their children. Once the order is in place, can one parent refuse the other parent access to their child? Under C.R.S. § 14-10-124, Colorado’s legislature states the following:
“The General Assembly further recognizes that, in most cases, it is in the best interests of the children of the marriage to have a relationship with both parents, and that, in most cases, it is the parents’ right to have a relationship with their children.”
Once a Colorado court order is in place for shared child custody, a mother cannot refuse the father’s access to their to restrict parenting time.
What Happens When a Mother Refuses Court-Ordered Shared Custody or Visitation in Colorado?
When a court order grants a father shared custody or visitation, a mother cannot legally block the father’s access to their child. A common misunderstanding is that a mother can forbid visitation if a father fails to pay child support, but this isn’t a valid reason for denying a father access to their child. In fact, when one parent restricts the other parent’s legally ordered child custody or visitation rights, they face serious legal consequences, including the following:
- Contempt of court charges, with fines and potential jail time
- Court-ordered make-up time for the other parent
- A “civil stand-by” order, in which the police are present during a custody exchange
- Modification of the custody order in favor of the other parent due to the restricting parent’s failure to facilitate a continued close relationship between the child and the other parent
- Court-ordered counseling or parenting classes for the restricting parent
- Criminal charges for child abduction in extreme cases of one parent continuing to withhold their child from the other parent, despite a court order and additional legal actions to enforce the order
The parent who has been restricted from their legal access to their child may take action by documenting all violations, missed visits, and attempts to communicate, and then file a motion for child-custody enforcement and contempt-of-court charges against the other parent.
When Is It Legal to Refuse the Other Parent’s Access to Their Child?
While it’s a legal violation to refuse the other parent’s court-ordered access to their child, there are times when a child’s safety is at stake, and the parent restricting the other parent’s access has a valid concern that their child is in danger in the other parent’s custody.
In cases of abuse, neglect, criminal activity, or substance abuse, the mother can legally deny the other parent’s access by filing an Emergency Order to Restrict Parenting Time. The court reviews the request and typically grants the order if the child is in significant physical or emotional jeopardy. Then, the court sets a hearing date within 14 days of the motion. At the hearing, the judge reviews evidence and hears testimony from both sides before making a ruling: either to drop the emergency order and restore custody, or to modify the existing child custody order to restrict the other parent’s custody. In some cases, the court orders only supervised visitation for the parent who endangers their child.
A parent who believes their child is in immediate danger may temporarily refuse to grant the other parent access to the child without a court order until they’ve filed an emergency order. Then, at the later hearing date, they must show compelling evidence that the child would have been in danger had they allowed the other parent’s access.
It’s always wise to consult an attorney about child custody matters in Colorado, especially if you’ve been restricted from your court-ordered visitation by your child’s other parent, or if you believe your child is in danger while with their other parent. Call our experienced family law attorney in Denver, CO to discuss your legal options today.