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My children lived with me for 8 weeks after their mother left. She wanted to start visiting the kids after she served me divorce papers. I agreed, she has not brought them back after we had agreed upon time for pick up ( drop off was 10 am, pick up was 5pm) At 4 pm she sent me a text saying that she will not be bringing them back. (we haven’t been able to agree on a parenting plan) Do I have to wait or is there something I can do now to get equal parenting time of my young children?
May 9, 2024
Family Law
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

Under Colorado law, if there’s no existing court order for parenting time, informal agreements like the one you had with your children’s mother can be challenging to enforce. This means that, although you both had agree on specific terms, there is no legal mechanism to ensure either party follows through.

Your first step should be to get a court order in place as soon as possible. From your question, it sounds like you need to file a petition for allocation of parental responsibilities (APR) to formally begin the process of creating a court-ordered parenting plan. While you work towards a final parenting plan, you can request temporary orders for parenting time. Temporary orders provide immediate relief and get you parenting time until a permanent agreement is reached. This can be essential in ensuring that neither parent unilaterally restricts the other’s access to the children.

Document any communication, such as texts or emails, that demonstrates any informal agreements or deviations. This documentation can support your case when you present it to the court.

If you would like to work with our family law practice please call us at (303) 688-0944 or text us at 833-691-7255 to schedule a case assessment.

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