On behalf of Cooper & Tanis, P.C. posted in child custody on Tuesday, May 2, 2017.
Noncustodial parents in Colorado have many options when it comes to staying in touch with their children. Thanks to advances in technology, seeing or speaking with a child may be as easy as using FaceTime or sending an email. In some cases, however,a custodial parent may wish to limit or block a noncustodial parent’s access to his or her child.
Typically, a judge will not make such an order unless there is evidence of abuse or neglect. Absent a court order, a custodial parent generally cannot block the noncustodial parent from talking to or seeing his or her child if he or she has the right to do so. If a parent has issues with excessive calling or texting, a court may put the noncustodial parent on a phone schedule or create other policies to remedy the problem.
It may be a good idea for a custodial parent to document any harassing behavior toward either the child or toward that parent. This may be helpful in obtaining a court order to block or limit the contact a noncustodial parent may have with his or her child. It may also create leverage for a parent to negotiate a modified contact agreement outside of court as opposed to seeing a judge to resolve the matter.
In any custody dispute, the law places a priority on protecting the best interest of the child. Therefore, a noncustodial parent may be allowed to contact a child even if the custodial parent objects to it. An attorney may assist a parent in modifying an existing contact order if there is reason to believe that a noncustodial parent is harassing the child. This may be grounds to either block or limit the contact that he or she may have.