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What if there is a failure to adhere to a parenting time order?

On Behalf of | Feb 14, 2019 | Child Custody |

Parenting time is one of the most important aspects of a family law case post-divorce in Colorado. While most parents will adhere to the parenting time order and make certain the noncustodial parent has the time he or she is supposed to have with the child, there are still situations in which a dispute will arise. If a parent fails to comply with the parenting time order and the court has proof that it has occurred, there are certain steps it will take to rectify the situation. For those facing this issue, having legal assistance can help to settle the matter.

Following the hearing, when the court determines that there has been a failure to comply with the visitation schedule or a court order was violated, the best interests of the child will be considered and an order will be given that might include added terms and conditions that are in line with the prior order unless the court separates child support and parenting time and does not link the two. It can also have an order that modifies the prior order to serve the child’s best interests.

The parents can be required to take part in parental education and it must be paid for by the parent who has failed to comply with the order. There can be an order for family counseling, also to be paid for by the noncomplying parent. An order that requires the parent who has violated the order can be made that he or she post bond or security to make sure they comply in the future. Or there can be an order that requires there to be “makeup” parenting time for what was lost. In some cases, a noncomplying parent can face fines or jail time. A hearing can be scheduled to modify the order for custody or parental responsibilities.

Divorce is rarely easy and when there are children involved, it can be more complex. A custodial parent who does not grant the visitation rights to the noncustodial parent or with other disagreements, it can grow into a contentious battle. Although most parents are not interested in more conflict, sometimes going to court is needed. Having legal assistance is a must and a law firm that helps parents with their parenting time issues is essential to a case.