When parents separate or divorce, Colorado courts issue a custody agreement—known legally as a “parenting plan”—to protect the child’s best interests and provide structure for co-parenting. This plan outlines where the child will live, when each parent has parenting time, and how major decisions are shared or divided. It’s a court order, meaning both parents are legally obligated to follow it.
But what happens when one parent doesn’t comply? If your co-parent violates the custody agreement—by withholding your parenting time, refusing to return the child, or making unilateral decisions—you have legal options. Colorado takes custody violations seriously, and courts provide several tools to help you enforce your rights and restore balance.
At McCoy Family Law, we work with parents in Denver and across Colorado to address custody violations swiftly and effectively. Whether your case involves repeated noncompliance or a single serious incident, we’re here to help protect your parental rights and your child’s stability.
Common Custody Agreement Violations
Custody violations can take many forms—some subtle, others more direct. Here are some of the most common types of violations we see in Colorado family law cases:
- Failing to exchange the child on time or at all
- Keeping the child beyond the agreed-upon parenting time
- Refusing to allow phone or video contact with the other parent
- Moving the child to another location without consent or court approval
- Making major decisions (school, health care, religion) without consulting the other parent, in joint decision-making cases
- Speaking negatively about the other parent in front of the child or interfering with their relationship
Even occasional violations can disrupt the child’s routine and create unnecessary tension between parents. If violations become a pattern—or if one serious incident places the child at risk—it may be time to involve the court.
Your Legal Options in Colorado When a Custody Order Is Violated
Colorado courts offer several legal remedies when one parent violates a custody agreement. Depending on the nature and severity of the violation, you may consider:
1. Documenting the Violation
Start by keeping detailed records. Document missed visits, text messages or emails, and any other proof of noncompliance. This documentation is essential if you choose to go to court. Judges look for patterns and evidence—not just accusations.
2. Filing a Motion to Enforce Parenting Time
If your co-parent repeatedly ignores the agreement, you can file a Motion to Enforce Parenting Time under Colorado Revised Statutes §14-10-129.5. This motion asks the court to compel the other parent to comply with the custody order. The court may order:
- Make-up parenting time
- Parenting classes
- Contempt of court sanctions
- Attorney’s fees and costs
If the violation is egregious or ongoing, the court can even modify the custody order to reflect the best interests of the child.
3. Pursuing a Contempt of Court Action
When a parent knowingly and willfully violates a court order, they may be held in contempt of court. A contempt filing is a more serious step and may result in fines, mandatory counseling, or even jail time in extreme cases. However, it’s most effective when other enforcement efforts have failed.
4. Requesting a Custody Modification
In some cases, persistent violations may justify a change to the existing custody agreement. For example, if your co-parent repeatedly denies you access or makes unsafe decisions for your child, the court may consider modifying parenting time or decision-making responsibilities.
To change a custody order in Colorado, you must demonstrate that the change is in the child’s best interests and that there’s been a significant change in circumstances. Frequent violations may meet this threshold.
Putting Your Child’s Well-Being First
Every custody order is based on one principle: the best interests of the child. When one parent disregards the order, it’s more than a legal issue—it disrupts a child’s routine, emotional development, and relationship with both parents. Courts take these disruptions seriously, especially when they impact the child’s sense of safety, stability, and love from both parents.
If your co-parent’s actions are causing emotional harm, isolating your child, or undermining your role, don’t assume you have to tolerate it. Seeking legal help isn’t about retaliation—it’s about protecting your child and ensuring they receive the support they need from both parents.
At McCoy Family Law, we understand how high the stakes are in child custody cases. We’re here to listen, evaluate your options, and act quickly to prevent further harm to your child or your parent-child relationship.
Contact Colleen McCoy Family Today to Protect Your Parenting Rights
If your co-parent is violating your Colorado custody order, don’t wait to take action. Violations often escalate if they go unchallenged—and your child’s well-being could suffer as a result. At McCoy Family Law, we advocate fiercely for parents who are trying to do the right thing and honor the court’s orders.
We’ll review your parenting plan, help you collect and present documentation, and file the appropriate motions to enforce or modify the existing agreement. We’ll also guide you through your options for court enforcement and work toward a resolution that prioritizes your child’s stability.
Contact us today to schedule a consultation. Let’s discuss your rights, your concerns, and the legal steps we can take to protect your family.
