Visitation Rights

What Are Visitation Rights?

The law has continually affirmed that a child’s well-being is best preserved when both parents are involved in his or her life. Even in cases of divorce, state law has created measures that ensure a child has regular contact with both parents. This contact is called visitation.

Visitation is a sensitive subject in a divorce proceeding. It is usually the result of one parent having sole physical custody of the child, meaning that the other parent must obey a schedule in order to see their child. To that end, visitation often takes two different forms: “reasonable visitation” and “fixed visitation.”

“Reasonable visitation” is when the court allows parents to work out a schedule of visitation between themselves. Courts prefer this method because it allows for parents to be flexible with each other according to their own daily lives. This method requires an amicable relationship between them, as it takes cooperation for reasonable visitation to work. It also takes trust on the part of the noncustodial parent, as the custodial parent has far more power over visitation than the noncustodial parent. However, if a noncustodial parent is being purposefully unfair or malicious with visitation, it can be reported.

“Fixed visitation” is the result of parents who cannot come to an agreement. In this case, the court will determine a schedule that both parents must abide by. This is firm, fixed, and enforceable by the court. In cases of past abuse, the visiting parent can only have “supervised visitation,” where an additional adult is present for the entire visit. This person can be court-appointed or chosen jointly by the parents.

Colorado Visitation FAQs

How is parenting time determined in Colorado?

Parenting time is determined based on the best interests of the child. The court takes into account several factors, including the child’s age, relationship with each parent, and how the parenting schedule will affect their overall well-being. Parents can reach an agreement on their own, but if they are unable to do so, the court will step in to create a schedule that works in favor of the child’s needs. This may include weekday and weekend visitation, holiday schedules, and summer vacations.

Can a child choose which parent to live with?

In Colorado, there is no specific age at which a child can decide where they want to live. However, the court may consider the wishes of a child if they are of sufficient maturity, usually around the age of 14 or older. Even so, the child’s preference is only one factor the court takes into account when determining parenting time. The court’s primary concern is the child’s best interests, and the final decision will depend on many factors, not just the child’s desires.

What happens if one parent denies the other parenting time?

If one parent denies the other parenting time without a valid reason, such as concerns for the child's safety, it can be considered a violation of a court order. In Colorado, if this happens, the parent being denied access can file a motion with the court to enforce the existing parenting time order. The court may then take action, which can include makeup parenting time, fines, or even changes to the custody arrangement if the violations are severe.

Can parenting time be modified?

Yes, parenting time can be modified in Colorado if there is a significant change in circumstances that affects the child’s well-being. A parent seeking to modify the parenting time schedule must file a motion with the court and demonstrate that the change is in the child’s best interests. Common reasons for modification include relocation, changes in a parent's work schedule, or concerns about the child’s safety in one parent's care. The court will review these factors before making any adjustments.

What if parents cannot agree on a parenting time schedule?

If parents cannot agree on a parenting time schedule, they may be required to attend mediation before going to court. In mediation, both parents work with a neutral third party to come to an agreement on visitation. If mediation fails, the court will decide on the parenting time schedule based on what it determines to be in the child's best interests. The court prefers that parents collaborate on a schedule, but it will intervene if necessary.

Can grandparents get visitation rights?

Yes, under certain circumstances, grandparents can petition for visitation rights in Colorado. This typically happens when the parents have divorced, legal separation has occurred, or one parent has passed away. Grandparents must show that their involvement is in the best interests of the child and that maintaining a relationship with them will benefit the child’s emotional and social development. However, these rights are not automatically granted and are secondary to the parents' rights.

Why You Want a Family Law Attorney

Visitation is a powerful legal agreement, as it can mean the difference between being an absent parent or an involved one. Visitation should be decided according to the best interests of the child, but this may not be the case between parents who do not cooperate. The Harris Law Firm can ensure that your visitation agreement will allow your children to have access to both parents, insofar as it is safe and in their interests. Our firm of experienced family law attorneys will fight for the rights of you and your loved ones, creating mutually-beneficial agreements that will help your family for years.

Call The Harris Law Firm today at (303) 622-5502 to get started.

Recommended Reading

• Visitation Agreement AKA Parenting Time
• Modifying Visitation Agreements
• Virtual Visitation