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Modification of Parenting Time/Restriction
Are you involved in a divorce or child custody case involving a change in parenting time? An experienced divorce and child custody lawyer can guide you through the legal process and assist in exploring your options. You have one bite at the apple in the court system so make it count.
2025 Case highlight. When does a reduction in parenting time constitute a restriction? This question is addressed in the 2025 case In re marriage of Dale, 2025 COA 29 (Colo. App. 2025).
It should be noted that “restriction” is not defined by Colorado statute as related to parenting matters. A common restriction is supervised parenting time. Supervised parenting time imposes a place and manner condition on parenting. Because “restriction” is not defined, there is sometimes a lack of clarity as to what constitutes a “restriction” in parenting time.
Case summary. In Dale, the parents exercised shared parenting time. Father then relocated 100 miles away and established a second residence. Previously he had worked from home, however his employment then changed to require that he work in the office. The Court reduced his parenting time from 160 to 115 overnights a year. Father argued on appeal that the substantial reduction of overnights constituted a restriction on his parenting time invoking the endangerment legal standard under CRS § 14-10-129(1)(b)(I). The Court of appeals determined that the reduction was not a restriction as it was solely a quantitative and not a qualitative change. The proper legal standard was therefore, the best interests of the child.
Frequently asked questions involving parenting time modifications:The best interests of the child.
Yes, the endangerment standard is utilized when a change of primary parent is requested, though there are also other legal standards that can apply to a change in primary parenting time.
A parenting time restriction is not defined by statute, however a common example is supervised parenting time where the parent must exercise parenting time under the supervision of another person.
Common methods are parenting time at a parenting time center or under the supervision of a mutually-agreed-upon third party in any location.
Shared parenting time means that each parent has at least 93 overnights a year with a child.
The two child support worksheets used in Colorado are Worksheet A where one parenting has primary parenting time, and Worksheet B where the parents share parenting time.
An example of a quantitative change in parenting time is a reduction in the number of overnights with children that a parent has, however not changing who the primary parent is.
An example of a qualitative change in parenting time is an imposition of a place or manner requirement on a parent, such as a requirement that a parent must be supervised while exercising parenting time.
A knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation.
