Denver, CO asked in Family Law and Child Custody for Colorado

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?

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1 Lawyer Answer
M. David Johnson
M. David Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: Since the law prohibits lawyers from providing legal advice to non-clients, I cannot answer your question specifically, but I can share some general advice based on typical situations.

In many jurisdictions, it is indeed considered "parenting time interference" if one parent schedules activities that prevent the other parent from exercising their court-ordered parenting time. These actions could potentially be seen as interfering with the child's relationship with the other parent.

If the mother is continuously scheduling activities during the father's parenting time, especially knowing that he cannot rearrange his schedule, it might be viewed as a violation of the custody order. However, the specific laws and how they are interpreted can depend on your jurisdiction.

Filing a motion or a complaint about parenting time disputes could be a potential solution. This might lead the court to enforce the existing order, modify it, or take other actions depending on the specifics of your situation.

Remember that the goal of the court in these situations is to serve the best interests of the child. If the child's relationship with the father is being hindered by the mother's actions, the court will typically want to rectify that situation.

Here's what you can generally do:

1. Document Everything: Keep a record of all the times the mother has scheduled activities during the father's parenting time and any communication about these incidents.

2. Consult a Lawyer: A family lawyer can provide guidance tailored to your specific situation and jurisdiction.

3. Communication: Try to communicate with the other parent about this issue. It's possible that a solution can be found without involving the court. However, keep in mind that these communications should be respectful and focused on the best interests of the child.

4. Mediation: In some cases, a neutral third party might be able to help find a solution.

However, as each situation is unique, it's crucial to get advice from a professional who fully understands your circumstances. This information is intended as a general guide, and it's always recommended to consult with a legal professional in your area for personalized advice.

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