In Colorado, courts prioritize the child's best interests when determining parenting time. This is essential for maintaining a stable relationship between the child and both parents. However, conflicts can arise, leading one parent to deny the other their court-ordered parenting time. Understanding the legal implications of this denial is crucial for both parents.
The Importance of Parenting Time 
Parenting time, often called visitation, is the scheduled period a parent spends with their child. Colorado law recognizes the importance of involving both parents in their child's life unless there is a valid reason to restrict access. Denying parenting time disrupts the child's relationship with the other parent. It can have legal consequences for the parent who violates the court's parenting time order.
Legal Consequences of Denying Parenting Time
When one parent denies the other their court-ordered parenting time in Colorado, several legal actions can be taken:
- Contempt of Court: If a parent intentionally violates a parenting time order, they may be found in contempt of court. This legal term refers to disobedience or disrespect towards the court's order. It can lead to penalties such as fines or potentially jail time. Contempt of court is taken seriously in Colorado, and the court will consider whether the violation was willful.
- Modification of Parenting Time: In certain circumstances, a parent who is wrongfully denied access can request a modification of the existing parenting plan. If the court has evidence to conclude that the offending parent will not comply with the parenting time orders, the court could consider adjusting the schedule to ensure the child has adequate time with both parents. In some cases, the court changes primary custody if it believes one parent isn't acting in the child's best interests.
- Make-up Parenting Time: Colorado law allows the parent who was denied parenting time to request make-up time. The court may order additional parenting time to compensate for the time lost. The additional time ensures that the child maintains a balanced relationship with both parents. The make-up time is typically at the convenience of the parent who was denied access.
- Attorney Fees and Court Costs: If the denial of parenting time leads to legal action, the parent found in violation may be required to pay the other parent's attorney fees and court costs. This financial burden is another deterrent against violating a court-ordered parenting time schedule.
- Impact on Future Court Decisions: A parent who repeatedly denies the other parent access to their child may find themselves at a disadvantage in future court decisions. Courts in Colorado could look unfavorably upon parents who do not encourage a positive relationship between the child and the other parent. This behavior could influence decisions regarding future modifications to the parenting plan and resolving decision-making disputes.
Justifiable Reasons for Denying Parenting Time
While denying parenting time is generally a violation of a court order, it may be justified in some situations. Suppose a parent believes that the child is in immediate physical danger due to the other parent's actions, such as abuse or substance misuse. In that case, they may deny parenting time to protect the child. The concerned parent, however, must take immediate legal action with the court to address the safety concern on an emergency basis or seek a protective order. Simply denying parenting time without court intervention can lead to serious legal consequences.
Steps to Take if Parenting Time is Denied
If you find yourself in a situation where your parenting time is being denied, it is essential to take appropriate steps to protect your rights and your relationship with your child:
- Document Everything: Keep detailed records of each instance where parenting time was denied. This includes dates, times, and any communication with the other parent (especially any written communication). This documentation can serve as crucial evidence in court if legal action becomes necessary.
- Understand the Importance of Timing: In parenting time disputes, the timing of your response can significantly impact the outcome. Acting swiftly to address denied parenting time demonstrates to the court your commitment to a consistent relationship with your child.
- Attempt Mediation: Before resorting to court action, consider attempting mediation. Mediation is when parents meet with a neutral third party to resolve disputes. It can be a less adversarial and more cost-effective way to address parenting time issues.
- File a Motion with the Court: If mediation fails or the situation is urgent, you can file a motion with the court to enforce your parenting time rights. The court will review the evidence and may impose penalties on the parent who denied access.
- Seek Legal Assistance: Navigating the enforcement of your parenting time rights can be complex, especially in emotionally charged situations like parenting time disputes. Seeking the guidance of a capable family law attorney, such as those at Johnson Law Group.
The Role of Johnson Law Group in Parenting Time Disputes
As experienced family law attorneys, we're dedicated to helping parents navigate these difficult situations while prioritizing the child's best interests. Whether you are dealing with denied parenting time or seeking to protect your child from potential harm, our team is here to provide the support you need.
We will work with you to develop a strategy that protects your rights and relationship with your child. From filing motions to enforcing parenting time to representing you in court, Johnson Law Group is committed to achieving a resolution that serves your family's best interests. Learn more about how we can help you resolve your parenting time issues. Contact us today at (720) 744-3513 to schedule a FREE consultation.
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