Child Visitation FAQs
Child visitation rights are more than just a legal issue; they are a matter deeply rooted in the well-being of your family.
Whether you're a co-parent, single parent, or grandparent, the uncertainty of visitation rights can weigh heavily on your heart. We've encountered many clients facing similar situations, and our approach has always been to offer not only legal guidance but also understanding and empathy.
At Attorneys at Law Timlin & Rye, P.C., we understand the concerns and anxieties that may arise when dealing with the delicate matters of child custody and visitation. Our aim is to provide clarity and support through this difficult time, protecting your rights and, most importantly, the best interests of your children.
About Attorneys at Law Timlin & Rye, P.C.
With nearly 80 years of combined experience in family law, including child custody and visitation rights, our firm has become a trusted name in Denver, Colorado, and the surrounding counties. Our team has handled a wide range of family law matters, from simple to complex cases, always with a commitment to advocating for our clients' needs.
We offer collaborative, client-first services, understanding that each family's situation is unique.
Frequently Asked Questions (FAQs) About Child Visitation
We have compiled some answers to our clients’ most frequently asked questions to provide clarity on your child visitation concerns.
How can I modify a custody or visitation order in Colorado?
In Colorado, modifying a custody or visitation order requires showing a substantial and continuing change in circumstances since the last order was made. This could involve changes in the child's needs, a parent's location, or a parent's ability to provide care. The process typically involves:
Filing a motion: The parent seeking the modification must file a motion with the court that issued the original custody or visitation order. This document should detail the reasons for requesting the change.
Serving the motion: The other parent must be formally served with the motion, giving them an opportunity to respond.
Mediation: In many cases, the court may require the parents to attempt mediation to resolve their differences before a hearing is scheduled.
Court hearing: If mediation doesn't result in an agreement, a hearing will be held. Both parties can present evidence and argue their case regarding the proposed modification.
Judicial decision: The judge will make a decision based on the best interests of the child, considering the evidence and arguments presented.
In order for the judge to modify the custody or visitation order, strong evidence showing that the change in circumstances significantly affects the child and that the proposed modification serves the child's best interests must be presented. This is where the help of a trusted family law attorney can make all the difference in presenting a compelling case.
What's a Colorado Child Custody Parenting Plan? How is it created and modified?
A Colorado Child Custody Parenting Plan is a detailed agreement that outlines how parents will share responsibilities and time with their children after a separation or divorce. It includes schedules for regular, holiday, and vacation times, transportation arrangements, and communication guidelines.
Creating a Parenting Plan involves negotiation between the parents, often with the help of mediators or attorneys. The plan should be tailored to fit the child's needs, the parents' schedules, and other relevant factors. Once agreed upon, the plan is submitted to the court for approval.
To modify a Parenting Plan, parents must demonstrate a significant change in circumstances. The process is similar to modifying a custody or visitation order, requiring the filing of a motion, possibly attending mediation, and obtaining court approval for the changes.
If a custodial parent wants to move with a child to a new part of Colorado, or out of state, what factors does the court consider when deciding to allow or disallow the move?
When a custodial parent plans to relocate, especially out of state, the court considers several factors to determine whether the move is in the child's best interest:
Reasons for the relocation: The court examines the motives behind the move, whether it's for a job opportunity, closer proximity to family, or another valid reason.
Impact on the child: The court evaluates how the move would affect the child's emotional, educational, and social development.
Other parent's opposition: The reasons why the non-custodial parent opposes the move are also considered.
The child's relationship with each parent: The significance of maintaining a strong relationship with both parents is weighed.
Ability to preserve the relationship with the non-custodial parent: The court looks at how the move might impact the non-custodial parent's visitation and ongoing relationship with the child.
A comprehensive analysis of these and other relevant factors guides the court's decision-making process.
What custody and visitation rights do grandparents have in Colorado? Under what conditions can they ask for visitation or custody?
In Colorado, grandparents can petition the court for visitation rights or custody in certain conditions, such as during divorce proceedings of the child's parents, after the death of a parent, or if the child's parents were never married.
The court will consider the child's best interests, focusing on the child's health, safety, and welfare, including the child's need for contact with the grandparents. For custody, grandparents must demonstrate that the parents are unfit or unable to care for the child, which is a significantly higher burden of proof compared to visitation rights.
If you are concerned that your grandchild’s parents are unfit or unable to provide proper care, we strongly recommend that you seek the support of experienced legal representation to aid you in your case to protect the child’s best interests.
Can a parent refuse to allow visitation by the other parent?
A parent can't legally refuse to allow the other parent to visit unless there are serious concerns for the child's safety supported by evidence. Unjustified denial of visitation can lead to legal consequences, including contempt of court charges, modification of custody orders in favor of the non-custodial parent, and fines.
If you are concerned for your child’s safety when in the care of the other parent, we urge you to seek counsel from a trusted family law attorney as soon as possible to help you take the legal measures necessary to secure the protections available for your child.
When deciding child custody issues, does the court consider what the child wants?
When deciding child custody issues, Colorado courts consider the wishes of the child as one of many factors, especially if the child is mature enough to express a reasoned preference. The child's desires are weighed alongside factors like the parents' wishes, the child's adjustment to home, school, and community, and the mental and physical health of all parties involved.
The child's safety and well-being are always the primary concerns guiding the court's decision.
The Value of Legal Support With Child Visitation Issues
Child visitation issues are highly personal, sensitive, and unique to each family. At Timlin & Rye, we care deeply about our clients and will work tirelessly on behalf of your justice. We're committed to advocating for your rights as a parent, always keeping your child's best interests at the forefront.
If you're in Denver, Colorado, or the surrounding counties, and facing challenges with child visitation rights, don't hesitate to contact us. Our team is ready to provide the support and guidance you need to achieve the best possible outcomes for you and your children.
Schedule a free consultation at our Denver office today and take the first step toward peace of mind for your family's future. We also serve clients throughout Adams County, Arapahoe County, Jefferson County, and Douglas County.