Colorado’s family courts make all decisions in a child’s best interest. Under this decision-making standard, the state begins each child-custody case with the presumption that continued, frequent contact with both parents is best for the child. Unless one parent presents significant evidence to rebut this presumption and shows that it’s not in their child’s best interests, the court prefers for both parents to have ample time with their child.
This is resolved either through a settlement agreement or a court order for shared custody, or primary custody with one parent and visitation rights for the other. But what happens if one parent denies the other parent’s court-ordered parenting time? What are the legal options to respond? Reach out to a Denver child custody attorney in Denver to discuss your case in a confidential consultation today.
Examples Denying Parenting Time In Colorado
It’s not uncommon for a child’s schedule to change, and children sometimes become ill. In the best-case scenario, parents are willing to communicate and compromise effectively to adapt their parenting schedule in a way that’s fair to both parents and their child. Common reasons reported for one parent’s denial of the other parent’s court-ordered parenting time include the following:
- Failing to meet the other parent for child custody exchanges
- Intentionally scheduling appointments for the child during the other parent’s custody dates
- Consistently claiming the child is sick during the other parent’s scheduled parenting time
- Making plans for holidays or weekends when the other parent is supposed to have the child
- Blocking the parent’s calls or messages to the child
- Refusing to allow the other parent to take the child
- Ceasing all contact with the other parent and “hiding” the child
When this becomes a pattern, or when one parent willfully and consistently denies the other parent access to their child, despite child custody orders, the parent who is being denied access has legal options available to them.
What Are My Legal Options When My Child’s Other Parent Denies My Court-Ordered Parenting Time In Colorado?
When one parent makes a decision to restrict the other parent from court-ordered access to their child, it’s a legal violation. Child custody orders in Colorado are legally enforceable. When your child’s other parent denies your court-ordered parenting time, you have the right to file a motion with the court of jurisdiction to enforce the court order. The court may respond with one or more of the following enforcement measures:
- Require both parents to attend mediation sessions
- Ordering make-up parenting time for the parent who was denied access to their child
- Issue contempt of court charges with fines and possible jail time for conviction
- Request a civil “stand-by” order for police presence during a child custody exchange
- Issue a modification of the original child custody case in favor of the compliant parent due to the other parent’s failure to facilitate continued close contact between the child and their parent
- Ordering the non-compliant parent to pay legal fees
- Ordering the non-compliant parent to attend counseling or parenting classes
In extreme cases, such as the non-compliant parent hiding the child or disappearing with the child, the other parent may file criminal child abduction charges.
Filing a Child Custody Enforcement Motion In Colorado
A Colorado child custody attorney can assist with filing a motion with the court to enforce your legal right to spend time with your child. Under Colorado Title 14 Revised Statutes 14-10-129.5., the court must respond to the motion within 35 days of the filing. If the court finds that the allegation isn’t supported by evidence, it denies the motion. If the evidence substantiates the allegations, the court will take appropriate enforcement measures to correct the situation.
How Can a Colorado Child Custody Attorney Help?
You have parental rights and the right to play an active role in parenting your child when the court agrees that continued close contact between you and your child is in the child’s best interest. If you are being denied access to your child by their other parent, reach out to the experienced child custody lawyers at Ciancio Ciancio Brown, P.C. to learn more about your legal options.