Q: Parenting time interference law in Colorado?
Is it parenting time interference if the child's mother schedules activities during the father's parenting time? i.e. The child will be away with the mother on a camping trip during the father's parenting time. The mother already knows that the father is unable to take the child other days of the week to make up those days.
Unfortunately, things have not improved after the mother told the father that the 7-year-old was allowed to refuse father's parenting time at the last parenting time exchange with civil standby. If the mother continues to schedule activities during the father's parenting time, would filing a Motion Concerning Parenting Time Disputes against the mother help address this?
A:
Hi, based on the information provided, scheduling activities during the father's court-ordered parenting time without his consent and knowledge can be considered parenting time interference. This interference could be a violation of the court-ordered custody agreement or parenting plan.
If the mother is intentionally scheduling activities during the father's parenting time and is not cooperating to find suitable alternatives or makeup time, filing a Motion Concerning Parenting Time Disputes might be an appropriate step to address this issue.
When filing the motion, the father would be asking the court to enforce the existing custody order and prevent the mother from interfering with his parenting time. He would need to present evidence of the interference, such as communication records or witness statements, to support his case.
Ultimately, the court will make a decision based on the best interests of the child and may order the mother to adhere to the parenting schedule or provide make-up time for the father if the parenting time has been missed due to interference.
Family law is complex, and the specifics of how courts handle parenting time disputes can vary depending on the jurisdiction and the specific circumstances of the case. It would be a good idea to consult with a family law attorney who can provide guidance and representation tailored to the specific situation and applicable laws in your area. An attorney can help you navigate the legal process and protect your rights as a parent in this difficult situation.
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