Enforcement of
Child Custody in Colorado
The Court has broad powers to enforce court orders regarding
child custody.
If the other party in your child custody matter is not
complying with the Court’s Order regarding parenting time
you may file a Verified Motion Asserting Non-Compliance. The
Court will respond to the Motion and any response from the
other side within 30 days. The Court will respond to the
Motion by either denying it, setting the matter for hearing
or requiring you to mediate the dispute and report back to
the Court on the results of the mediation.
If you go to a hearing and the Court finds that a parent has
not complied with the parenting time order, the Court will
look to the best interests of the child in ordering relief.
The Court will issue an Order that may include but not be
limited the following:
-
Additional terms and
conditions on the prior custody order
-
Modifying the previous
Custody Order in the best interests of the child
-
Adding a requirement for
either parent or both parents to attend a parental
education program at the expense of the non-compliant
parent.
-
Requiring the parties to
participate in family counseling at the expense of the
non-compliant parent.
-
Requiring make-up parenting
time for the aggrieved parent of the same type and
duration as that which was denied within 6 months after
non-compliance occurs or one year if it is a holiday
that cannot be made up within 6 months. This make-up
time should take place at the time and in the manner
chosen by the aggrieved parent if in the best interests
of the child.
-
Finding the non-compliant
parent in contempt of court and imposing a fine or jail
sentence.
-
Imposition of a civil fine
not to exceed one hundred dollars per incident of denied
parenting time
-
Setting a hearing for
modification of custody
-
Any other order that may
promote the best interests of the child.
The Court may also order the
non-compliant parent to pay your attorney’s fees, court
costs, and expenses that are associated with bringing the
Motion Asserting Non-Compliance.
If you would like to ask one of
our attorneys a question about Enforcement of Child Custody
or skip that step and come in for
a consultation, we encourage you to do so. The
longer you wait to speak to a Colorado family law attorney
the higher your chances are of inadvertently giving up your
legal rights.
What makes Matthews &
Matthews a better choice to help you with enforcing your
Child Custody?
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