Denver Visitation Lawyer

Our Qualified Parenting Time Attorney Provides Guidance During This Critical Process

You and your spouse established a lifestyle, one to which your children have become accustomed. When your marriage ends, much changes — including the living arrangements for your family.  The transition from one household to two can be emotional and determining what it will look like is often challenging.

Because our visitation rights attorney is not emotionally involved in your relationship, she can provide logical advice based on the guidelines established by law. Our team has significant experience with parenting time modification cases, and we will leverage this experience and knowledge to help craft a parenting time agreement with the best interests of you and your children at heart

Sharing Our Knowledge on Parenting Time

Our Denver Child Visitation Lawyer Explains Parenting Plans

In Colorado, the rights of both parents to maintain a relationship with their children is paramount. However, how these relationships are designed and guidelines governing their physical aspect is dependent upon the parenting time agreements created.

To determine where your children will live and the time spent with each parent, you must submit a plan to the court. These documents are often comprised of a schedule detailing time with each parent, a listing of specific responsibilities, a plan for decision making and specific parental rights, a guideline for vacations and holiday time, and a dispute plan because, even under the best of situations, issues can and do arise.

What Are Reasonable Rights of Visitation?

If you are a parent and your child spends the majority of their time, as determined by your parenting agreement, with your ex, you may feel like you have lost control. However, you do have reasonable rights of visitation. These include the following.

The right to participate in decisions. Just because your child does not live with you for the bulk of the time, this does not mean you don’t have input into the important decisions that affect them. Custody legal advice (also known as decision-making responsibility) is often shared between both parents, regardless of where the children live. As such, you are entitled to share your thoughts regarding your children’s healthcare, education, well-being, and religion, and they must be taken into account. 

Critical to making these decisions is access to important information. You should be able to review your children’s medical and educational records whenever necessary.

You also have the right to participate in deciding where your child lives. One parent cannot move out of state without permission from the other or a decision by the courts. You can contest out-of-state relocation, as well as moves that would significantly impact your relationship with your children.

You also have the right to spend time with your child as outlined in your parenting agreement. Your ex cannot unilaterally limit this. Should you find that your visitation is being compromised, speak with a visitation rights lawyer to understand how best to proceed.

Colorado courts feel strongly about parenting time. If your ex-spouse constantly hinders your parenting time and you can’t see your child according to the assigned schedule, you may choose to file a motion in court. This can result in a judgment that provides you extra time with your child to compensate for the time you have lost.  In some cases, your ex may be responsible for your legal fees, including court costs.  If your ex-spouse repeatedly ignores parenting time terms you may decide to petition for contempt of court or enforcement of your parenting time order.

Our Denver child visitation rights attorney can help you every step of the way. Be sure your visitations rights are protected. Call us today at 720-615-1750.

Can the Custodial Parent Deny Visitation?

Do your children spend the majority of their time living with your ex? If so, you may be concerned about your ex-spouse denying your parenting time. Legally, this is not permitted. If your parenting agreement was filed with the courts, the schedule included is enforceable by law.

That said, under the law there are some circumstances in which restricting parenting time would be allowed, particularly if the child was in danger (physically or emotionally) as a result of time spent with the other parent.

How Is Visitation/Parenting Time Determined in Colorado?

Parenting Plans: The First Step in Establishing Parenting Time

When both parents agree on a parenting plan, the process is less stressful. Recognizing this possibility is the first step in determining parenting time. Assuming you and your ex can agree to the generalities, our child visitation attorney will draft a comprehensive agreement that covers all aspects, including, but not limited to, schedules, holidays, and vacations.

If you are unable to come to a point of mutual agreement, your case moves to the courts. We will leverage our in-depth knowledge of the factors the court considers important and help you present them appropriately.

While not mandated by law, Colorado courts often find 50/50 parenting time favorable.

That said, this goal of equal sharing of parenting time is not always ideal. Should you want to advocate for a different schedule, we will help you identify and appropriately present the reasons why your suggestion is in the best interests of your children.

Our Visitation Lawyer Explains Factors That Affect Parenting Time Decisions

Decisions regarding parenting time are based upon the best interests of the child. This is the primary factor when determining care.  Colorado law takes into account a number of issues, including, but not limited to:

• Parents’ wishes
• Children’s needs (emotional and developmental)
• Children’s preferences (when appropriate)
• Family relationships
• Distance (how far parents live from each other and from the children’s school, friends and activities)
• Instances of neglect or abuse (including substance abuse)
• Domestic violence.

In all likelihood, your parenting plan will remain in effect (with modifications as needed) until your children turn 18.

Determining Visitation Comes with Questions

Our Denver Visitation Lawyer Provides Answers

Creating parenting time agreements is a complex process requiring qualified legal support. As your support attorney, we rely heavily on the information you provide. Our meetings are critical in gaining a complete understanding of your family’s past, current situation, and hopes for the future. The details you share will help us advocate for you as plans are created.

It is not surprising that countless questions arise during this process. While the answers to most are specific to your personal situation, some questions have more standard answers that may apply to the majority of people.

Below we have presented several of the questions that our Denver child visitation lawyer receives most frequently, along with our answers to them. We invite you to review them and reach out for clarification.

These are only a handful of the questions that arise when caring for your children is at issue. We know you have more. Take a moment and reach out to our family custody lawyer at Price Family Law to schedule a free consultation. We will meet with you, learn about you and your children’s needs, and explain the best way to move forward.