What Can I Expect at an Emergency Custody Hearing? Another way to prevent getting this page in the future is to use Privacy Pass. Attending the hearing is your best chance to avoid the court deciding that a custody schedule is unnecessary, and granting primary custody indefinitely to your co-parent. Posted in Child Custody,Separation on May 23, 2017. Your IP: 184.108.40.206 The terms set forth in the decree and visitation schedule remain enforceable until modified by the court or by agreement of the parties. losing custody of a child after a divorce, How to Defend Against a Motion to Restrict Parenting Time. After a legal separation or divorce, the courts may order a child custody (or “parenting time”) agreement, in which one parent does not have full or joint custody, but visitation rights. If your ex will not cooperate in making up missed visitation, having your family law attorney send an official letter is often enough to get them to knock off the impetuous behavior. Visitation rights in Colorado grant non-custodial parents the opportunity to visit children in supervised or unsupervised settings on a pre-determined schedule. The courts will not become involved unless someone files a motion for custody modification or brings to light negative effects on the children. How Are Financial Investments Divided in a Divorce? 155 East Boardwalk Drive,#400, Fort Collins, CO 80525, REQUEST A CONSULTATION ALL FIELDS REQUIRED*, COPYRIGHT © 2020 The Law Office of Stephen Vertucci | BLOG. To avoid the possibility of losing custody of a child after a divorce, do not miss enough visitations to create a problem for your child or irritate your ex-spouse. The court will consider whether both parties agree to the modification, whether decision-making responsibilities also need modification in light of the proposed custodial changes, and whether the modification is in the child’s best interest. The court will choose to either resolve your case using the provisions of the Colorado Rule of Civil Procedure 16.2(c) or decide to proceed with no hearing. Custody modification and elimination of visitation rights rest largely with your co-parent. The court will look at the child’s emotional development and physical health in deciding whether or not to approve the modification. Can You Lose Custody of Your Child if You Miss Too Many Visitations? You will receive a notification of the motion and the court’s decision. If, however, your co-parent believes it is in the child’s best interest to modify the child custody order to reduce or eliminate your visitation time, he or she has the right to petition the family courts and request this change. It may be necessary to prove to the courts that continuing visitation rights is in your child’s best interest, or that there was a sufficient reason for you to miss multiple visitations in the past. If you find yourself facing the chance of losing custody rights for missing too many visitations, contact a Fort Collins family law attorney for legal counsel. If you believe you should retain the right to visitation of your child despite missing previous meetings, you may attend the hearing regarding your custody modification motion. After repeated violations, the court can hold the offending parent in contempt of court, which could subject them to a loss of custody or visitation rights, fines, and possibly jail time. • Cloudflare Ray ID: 5f8ece3d997b1fd1 • Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. What Is Considered Marital Property in Colorado. If something, such as your job, prevents you from fulfilling your visitation hours, learn the possible repercussions of missing too many meetings. THE REPRESENTATION YOU NEED IN ORDER TO PROTECT YOUR FAMILY, Posted in Child Custody,Separation on May 23, 2017. This field is for validation purposes and should be left unchanged. Sticking to your visitation schedule as best you can will prevent any motions for modifications, and retain your rights to visit your child. In an extreme case, your ex-spouse may move to increase child support payments on top of taking over primary custody. A father’s right to visitation simply means that the child’s biological father has as much right to spend time with their child as the mother does. You may need to download version 2.0 now from the Chrome Web Store. You, as the custodial parent, do not have to agree to allow the non-custodial parent “make-up” time due to missed visitation as long it is not required in the decree or visitation schedule. In the event that the other parent is understanding of why you’re missing visitations, or does not have any qualms about you not showing up, you may not face any repercussions from missing too many visitations. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. A court may order any missed visitation time to be made up. Child custody issues are never easy and visitation is often a primary concern of individuals going through a divorce. After being an hour later he called to tell me he wouldn't be able to make it today. This may be an option if the courts decide the primary caregiver requires more financial support for the extra time the child would have normally been with the other parent.
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