Your Legal Questions Answered
I have a parent plan with my child’s other parent. I will be going into labor any day now so, will I be able to pause the visitations so the child can do his sibling bonding? If so, how much time will the child get to bond with their sibling? Or will I be held in contempt if I pause visitations?
In Colorado, the specifics of modifying or temporarily adjusting a parenting plan, including visitation schedules due to the birth of a new sibling, would depend on the terms set forth in the original parenting plan. Generally, parenting plans are established to ensure that the child’s best interests are served, including maintaining a consistent and beneficial relationship with both parents. If you wish to pause or adjust the visitation schedule temporarily, you should get a court order to modify the parenting plan. Consider the following:
Review the Current Parenting Plan: Check the existing court order or parenting plan for any provisions about temporary changes or emergency situations. Some plans include methods for parents to mutually agree on temporary adjustments.
Communicate with the Other Parent: Open and early communication with the child’s other parent is key. Explain the situation and your desire for the older child to spend time bonding with the new sibling. The other parent may be understanding and agreeable to a temporary change.
Legal Advice and Modification: To ensure that your actions are legally sound, consult with a family law attorney. In all likelihood, you need to file a motion with the court to temporarily modify the parenting plan. A judge will consider the best interests of the child, including the importance of sibling bonds, when making a decision.
Court Approval: For any changes to be enforceable and to protect yourself from allegations of contempt, any agreed-upon modifications should be submitted to the court for approval. This formalizes the temporary arrangement and ensures both parties are clear on their rights and responsibilities.
The amount of time the child will get to bond with their sibling isn't set by law. The court's primary concern will be the best interests of the child, which includes maintaining regular and meaningful contact with both parents. Unilaterally pausing visitations without the advice of an attorney and a court order is unwise as there is no statutory right to pause parenting time based on the birth of a sibling.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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