Restriction Of Parenting Time Related To Substance Abuse in Colorado Springs Divorce And Child Custody

Are you involved in a Colorado divorce or child custody proceeding involving substance use and restriction of parenting time? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

Substance abuse by a parent is an important consideration in determining the best interests of the children as related to parenting. It falls under the mental and physical health parenting factor. Substance abuse may implicate issues of whether a parent has the ability to care and provide for the children while under the influence. There can also be collateral issues such as court-involvement, medical issues, or unstable employment.

Substance abuse can impact parenting time. Initial allocation of parenting time is based the “best interests of the child” legal standard. C.R.S. § 14-10-124. Frequent and continuing contact by both parents is generally in the best interests of children. However, parenting time may be restricted if it would endanger the child’s physical health or significantly impair the child’s emotional development.

There are legal standards that a court must consider in parenting time restrictions. For example, “The court shall not restrict a parent’s parenting time rights unless it finds that the parenting time would endanger the child’s physical health or significantly impair the child’s emotional development”. C.R.S. § 14-10-129. Restrictions may include supervised parenting time, conditions on parenting time, or parenting time suspension. In re Marriage of West, 94 P.3d 1248, 1251 (Colo. App. 2004). Supervised parenting time can include therapeutic supervision by a psychologist or licensed counselor, supervision through a supervised parenting program, or informal supervision where a non-professional third party supervises. In the context of a substance abuse, conditions to transition to unsupervised time after a supervised time restriction may include submission of negative drug test results, or successful completion of a substance treatment program.

One test frequently used is Soberlink with regards to alcohol testing. It is a breath monitoring program that provides the parent with a portable breathalyzer using facial recognition to confirm the identity of the parent. Testing can be required at various intervals during parenting time or outside of it. Blood alcohol content results are transferred to Soberlink’s system, and both the parent taking the test and the other parent receive almost immediate results. If a positive test result is received, the other parent may immediately retrieve the children from the intoxicated parent’s care.

A motion to restrict parenting time must be heard within 14 days of the filing date. C.R.S. § 14-10-129(4). These cases proceed quickly. During the period between filing and hearing, parenting time must be supervised by an unrelated third party approved by the court or a licensed mental health professional. The Court can either deny the motion on the papers or hold a hearing. In order to merit a hearing, a party must state sufficient facts to show imminent harm. However, at the hearing while a showing of endangerment is required, there is no longer an imminency requirement.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly 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 to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 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 here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.