When parenting time arrangements are no longer in the best interests of a child, you can file a motion to restrict parenting time. Colorado law allows for changes in parenting time if it serves the child’s welfare. The court does not impose restrictions and requires the party requesting them to prove specific circumstances.
What is a motion to restrict parenting time?
A motion to restrict parenting time seeks to limit or change a parent’s time with their child. A parent typically files this motion when they believe continuing parenting time with the other parent could endanger the child’s physical or emotional well-being. The court must find that the risk of harm is significant before imposing any restrictions.
Under Colorado Revised Statutes, the court will not restrict a parent’s rights unless it is convinced that the parenting time would harm the child. If restrictions are necessary, the court must provide specific factual reasons. The court considers factors like the child’s safety, emotional health, and any history of domestic violence.
Grounds for filing a motion
A parent can file a motion to restrict parenting time if:
- There is evidence that the child’s safety or emotional well-being is at risk.
- One parent intends to relocate with the child, which may affect the existing parenting time arrangements.
- A parent has a history of criminal activity or domestic violence that poses a risk to the child.
For example, if a court convicts a parent of serious crimes such as child abuse or domestic violence, the other parent may file a motion to restrict parenting time. A lawyer can guide you through the process, help gather the necessary evidence and ensure that the court has a clear understanding of the circumstances.
What follows filing a motion?
After filing a motion, the court typically schedules a hearing within 14 days if the child’s immediate safety is in question. If the motion is related to a proposed relocation, the court prioritizes the case and considers how the move might impact the child’s relationship with both parents.
If the court finds that a restriction is necessary, it will issue an order outlining the terms. Restrictions can include supervised visits, limited contact, or, in extreme cases, the suspension of parenting time altogether.
Motions to restrict parenting time are serious legal actions that aim to protect a child’s well-being. They require solid evidence of harm or risk. Parents who want to modify parenting arrangements should consult an attorney to address their concerns effectively in court.