Parenting time is one of the most important issues families face during a divorce or separation. For parents in Colorado, understanding how courts approach parenting time decisions, what goes into creating a workable schedule, and what options exist when problems arise can help reduce stress and lead to better outcomes for everyone involved, especially the children.
Colorado family courts operate under a guiding principle that shapes virtually every custody decision: the best interests of the child. While this standard might sound straightforward, it encompasses a wide range of factors and considerations that parents should understand before entering the legal process.
The Best Interest of the Child Standard
In Colorado divorce and custody cases, parenting time is determined using what is known as the best interest of the child test. This standard serves as the foundation for all custody decisions and guides judges in determining how time should be divided between parents.
One important aspect of Colorado law is the presumption that children benefit from having the maximum amount of time possible with each parent. Unless there is evidence to suggest otherwise, courts generally start from the position that it is in a child’s best interest to maintain strong relationships with both parents. This presumption often results in parenting time schedules that are fairly equal, sometimes referred to as 50/50 arrangements.
However, equal parenting time is not automatic. Courts look beyond this presumption to examine various factors that help determine what schedule will truly serve the child’s needs. These factors include each parent’s availability and ability to be present for the child, each parent’s willingness to promote a positive relationship between the child and the other parent, and each parent’s demonstrated ability to put the child’s needs ahead of their own interests.
The court’s focus remains on the child throughout this analysis. Judges want to see that parents are committed to supporting their children’s well-being and are capable of fostering healthy relationships on all sides. Parents who demonstrate flexibility, cooperation, and a genuine focus on their children’s needs tend to fare better in custody proceedings.
Creating a Parenting Schedule: Holidays, Weekends, and Vacations
One of the most time-consuming aspects of establishing a parenting plan in Colorado involves working out the details of holidays, weekends, and vacation time. Every family has unique traditions, schedules, and priorities, and there is no one-size-fits-all solution that works for everyone.
This is an area where agreement between parents can make an enormous difference. When parents are able to work together to create a schedule that accounts for their family’s specific needs and traditions, they save themselves significant time and money. They also avoid the alternative, which is having a judge who does not know them or their children make these decisions for them.
When parents cannot reach an agreement, courts typically default to a straightforward approach. For holidays, judges often award an alternating schedule where each parent gets certain holidays one year and different holidays the next. Vacation time is handled similarly, with one parent getting first choice of their vacation weeks one year and the other parent getting first choice the following year. Courts will also establish specific deadlines by which parents must communicate their vacation selections.
While these generic schedules are functional, they rarely account for the unique circumstances of any particular family. A judge making these decisions does not know which holidays hold special significance for your family, does not know about annual traditions you have maintained for years, and cannot anticipate the scheduling challenges that might arise with work, school, or extended family commitments.
The result is that both parents often end up equally dissatisfied with a court-imposed schedule. This is why family law professionals consistently encourage parents to make every effort to reach agreement on scheduling issues, even if they have been unable to agree on other aspects of their case. Once a judge issues a parenting time order, both parents are bound by it, and modifications require going back to court.
Enforcing Your Parenting Time Schedule
Unfortunately, having a parenting time schedule in place does not guarantee that both parents will follow it. Violations of parenting time orders are a common source of conflict, and parents on both sides of this issue frequently seek legal guidance. Some parents come seeking help because the other parent has violated the schedule, while others come because they are being accused of violations themselves.
Colorado courts provide several mechanisms for addressing parenting time violations. The specific approach depends on the nature and severity of the violation and what outcome the affected parent is seeking.
A motion to enforce parenting time asks the court to require the other parent to comply with the existing order. This type of motion is appropriate when one parent has been interfering with the other’s scheduled time or refusing to follow the terms of the parenting plan.
For more serious or repeated violations, a motion for contempt may be appropriate. Contempt motions ask the court to find that the other parent has willfully violated a court order and to impose sanctions as a result. These sanctions can include makeup parenting time, payment of attorney fees, and in extreme cases, modifications to the custody arrangement itself.
There is also a general motion regarding parenting time disputes that can be used to bring various issues before the court for resolution. This option provides flexibility when the situation does not fit neatly into the other categories.
For parents seeking to enforce their parenting time rights, documentation is essential. Being able to demonstrate that you have consistently followed the parenting schedule yourself strengthens your position significantly. If you have deviated from the schedule for any reason, being able to articulate a legitimate justification and perhaps propose modifications to prevent similar issues in the future can help your case.
Child Support and Parenting Time Are Separate Issues
One question that comes up frequently involves whether a parent can deny parenting time when the other parent has failed to pay child support. The frustration behind this question is understandable. When one parent is not meeting their financial obligations, it can feel deeply unfair that they still get to enjoy time with the children.
However, Colorado courts view parenting time and child support as entirely separate issues. The key to understanding this is to consider the court’s perspective. Parenting time is viewed as a right that belongs to the child, not just to the parents. Children have a right to maintain relationships with both of their parents, and that right is not contingent on whether one parent is current on their support payments.
Denying parenting time because of unpaid child support is not an appropriate remedy and can actually backfire on the parent who withholds time. Courts take parenting time violations seriously regardless of the underlying motivation, and a parent who denies time to the other parent may find themselves facing enforcement actions.
This does not mean that parents have no recourse when child support goes unpaid. Colorado provides several mechanisms for enforcing child support orders, including wage garnishment, interception of tax refunds, suspension of driver’s licenses and professional licenses, and in serious cases, contempt proceedings. These remedies address the support issue directly without interfering with the child’s right to time with both parents.
Resolving Parenting Time Disputes
When disputes arise over parenting time, parents have several options for resolution. While courts provide mechanisms for addressing these conflicts, the most effective approach often does not involve the court at all.
Direct negotiation between parents is frequently the fastest and least expensive way to resolve parenting time disagreements. When parents can communicate respectfully and focus on their children’s needs, they can often find solutions that work for everyone without involving attorneys or judges.
Many parenting plans include provisions requiring mediation before either parent can file a motion with the court. Mediation brings in a neutral third party who can help parents work through their disagreements and reach mutually acceptable solutions. This process is typically faster, less expensive, and less adversarial than litigation, and it allows parents to maintain greater control over the outcome.
When negotiation and mediation are not successful, court intervention becomes necessary. Parents can file motions asking the court to clarify parenting time provisions if there is genuine confusion about what the order requires. They can file motions to enforce parenting time if the other parent is not complying with the schedule. A motion regarding parenting time disputes provides another avenue for bringing issues before a judge. The goal of these proceedings is to ensure that both parents understand their rights and responsibilities and that the child’s right to time with both parents is protected.
Regardless of which approach is used, the focus should remain on finding solutions that serve the child’s best interests. Parenting time disputes are stressful for everyone involved, but keeping the child’s needs at the center of the conversation can help parents move toward a resolution.
Moving Forward With Your Parenting Time Case
Whether you are establishing an initial parenting plan, trying to enforce an existing schedule, or working through a dispute with your co-parent, understanding how Colorado approaches these issues can help you navigate the process more effectively.
