It is uncommon for courts in Colorado to fully deny a parent custody rights to a son or daughter. However, there is a chance that a court will not allow you to spend time with your child after a divorce. There are several reasons why this may be the case, and depending on your actions, it may be possible to have visitation rights restored.
You may be perceived as a threat to your child
If you are seen as a threat to your child’s emotional or physical safety, a judge will likely suspend visitation rights to that child. Typically, you will be ordered to undergo anger management, substance abuse or parenting classes before you spend time with your kids again.
Child support and visitation issues are separate matters
Generally speaking, a visitation order won’t be altered or revoked because you are behind on child support payments. However, you could lose a professional license, have your wages garnished or face other penalties for failing to comply with an existing child support order. The child’s other parent does not have the ability to ignore or change a visitation order without a judge’s permission.
Try to resolve issues with the other parent
Your former spouse may attempt to defy a visitation order even if there is no legal basis to do so. Ideally, you will try to talk to this person in an effort to address and resolve any concerns that he or she might have. If that doesn’t work, be sure to document any attempts you made to either talk to the child’s other parent or to contact your child. This can be used as evidence to show that you weren’t attempting to abandon or neglect your son or daughter.
If you have been denied child custody or visitation rights, it may be possible to ask a judge to reconsider his or her position. A family law attorney may be able to show that you have taken steps to become a better parent or to ensure that your child will be safe in your presence.
