RESTRICTION OF

PARENTING TIME

Colorado law allows for a brief stay on parenting time when a child is in immediate danger caused by the other parent’s parenting time. We commonly refer to these as a “restriction of parenting time.” If your child has been harmed physically, or in danger of physical harm, while with the other parent, a restriction of parenting time may be right for you. If your child is suffering emotional harm during the other parent’s parenting time, it may be grounds for a restriction of parenting time. When you file a restriction of parenting time, you will have a hearing within two weeks of the filing so you need an attorney on board who is prepared to litigate the restriction. After you file the restriction but before the hearing, your co-parent’s parenting time will be stopped. At a hearing, your attorney will present your case of why your co-parent’s parenting time is endangering your child and how to modify the plan moving forward so that your child is safe. Restrictions are a quick and intense process, but they are a tool to keep your child safe!

FAQs:

  • If you believe that your child is in imminent emotional or physical danger while in the care of the other parent, you should file a restriction of parenting time. Keep in mind that you will have to prove your assertion in Court, so you will need to consult with your attorney on what information can and cannot be used in a hearing.

  • A restriction of parenting time is immediately effective after you file it with the Court. This means that the moment you file your motion to restrict, your child should automatically be with you. Sometimes this requires legal or even police intervention if your child is with the other parent. If you are concerned about the timing of filing your restriction, be sure to raise this with your legal counsel. Palmer Family Law can help you decide the most strategic timing for a restriction filing.

  • There a numerous options that can result from a restriction hearing. The Court can always find that continuing the restriction is not in the best interests of your child. The Court could determine that parenting time should continue as normal, but with some safeguards in place such as regular substance testing or anger management classes. You could also end up with your regular parenting time schedule changed entirely, or find yourself with a custody evaluator (a CFI or a PRE) in a modification procedure. When you file a restriction, you should be prepared for all outcomes.

Hear from past clients

  • “Mr. Palmer assisted me with my divorce. At the time I reached out to him things were messy and I didn’t have representation. i was frustrated and emotional. Mr. Palmer was very empathetic and compassionate. He provided me with sound, non-bias, empathetic legal advice. He was a kind voice of logic when I was emotionally driven by all of the things surrounding my divorce. At the end of the day, things worked out as best as they could have, and it wouldn’t have been possible without Mr. Palmer. I highly recommend him. For anyone, but as a female, I definitely felt heard and respected.”

  • “Outstanding representation. Rachel Palmer did a great job staying on top of my case, and remembering all of the details. I truly felt I was her only client although she had other cases. I was always impressed by her preparation, her eloquence representing me before the judge, and vs. opposing counsel. Thoroughly answered all of my questions, and laid out all of the options along the way. Great knowledge of the law, process and possible delays and pitfalls. I highly recommend Rachel Palmer.”

  • “Calm but very nice. Mrs. Palmer is a wonderful attorney! Calm but does not back down! I went through a difficult divorce, but whenever I called her she would reassure and she was always honest with me even if that meant not looking good for us. I would recommend her to anyone who needs not only a great attorney but also a support system during the unknown which comes with divorce.”

  • “Accurate, painless and efficient - 5 stars. Michael was a beacon of hope at a time when my options appeared limited and the likelihood of a satisfactory resolution seemed almost impossible. His calm, empathetic demeanor offered buoyancy and confidence. I am eternally grateful for his professionalism and happily recommend him without reservation.”

  • “5+ years of representation. Michael has represented me for over five years through multiple family matters. I have followed him as he has moved firms and advanced his career. Michael has always given me the best advice and guidance and has helped me through the toughest of situations. I feel guilt for all of the issues he has had to deal with on my behalf. I would recommend Michael to anyone facing difficult family matters. i don’t know what I would do without Michael.”