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Motion for Parenting Time

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Verified Motion to Modify/Restrict Parenting Time

County, Colorado

Court Address:

In re:



Petitioner:

and

Co-Petitioner/Respondent:

COURT USE ONLY

Attorney or Party Without Attorney (Name and Address):

Case Number:

Division Courtroom

Phone Number: E-mail:

FAX Number: Atty. Reg. #:

MOTION TO:

NOTE: To Party responding to a Motion to Modify Parenting Time: If you disagree with this Motion, Colorado Rules of Civil Procedure allow you to file a written response with the Court that must be filed within 21 days of the date this Motion was served on you or mailed to you. The Court will NOT address the motion until the 21 days have passed.

NOTE: If this is a Motion to Restrict Parenting Time, a response can be filed on or before the emergency hearing or made at the hearing. If granted, a hearing will be set no later than 14 days from the filing of the motion.

The states the following for the purpose of modifying/restricting parenting time.

1. The last Order regarding parenting time was entered by the Court on .

2. A motion for a substantial modification of parenting time which also changes the party with whom the child resides a majority of the time been filed in the last two years. If one has been filed, please identify the date filed .

3. The child(ren) is/are in imminent physical or emotional danger due to the current parenting time or parental contact of a parent and the requests the Court Order that:

4. Information about Petitioner: Date of Birth:

Current Mailing Address:

City, State & Zip Code:

Home Phone #: Work Phone #: Cell #:

5. Information about Co-Petitioner/Respondent: Date of Birth:

Current Mailing Address:

City, State & Zip Code:

Home Phone #: Work Phone #: Cell #:

6. The parties have minor child(ren):

7. has been convicted of a crime set forth in §14-10-129(3)(a), C.R.S. in the County of , State of , in case number on that constitutes a potential threat or endangerment to the child(ren).

8. The now has parenting time with the minor child(ren) under the following parenting plan and under the following conditions (if any):

9. Required Notice of Prior Protection/Restraining Orders.

Have any Temporary or Permanent Protection/Restraining Orders to prevent domestic abuse or any Criminal Protection/Restraining Orders or Emergency Protection Orders been issued against either party by any Court within two years prior to the filing of this Motion? If your answer was Yes, complete the following:

The Protection/Restraining Order was and issued against , in the County of , State of , in case number on (date).

What was the subject matter of the Civil Protection/Restraining Order or Emergency Protection Order?

I request that this Court enter an order modifying/restricting the parenting time for the as described below. Complete number 10 if requesting to modify parenting time and number 11 if requesting to restrict parenting time.

10. a. I request the Court to modify the current parenting time order to provide for the following new parenting plan schedule and this plan is in the best interests of the minor child(ren) for the following reasons: (Attach additional documentation, if necessary.)

b. The above new parenting plan is in the best interests of the minor child(ren) as follows:

11. a. I allege that the minor child(ren) is/are in imminent physical or emotional danger due to the current parenting time as follows:

b. I request that the parenting time plan be restricted as follows:

12. (initial) I understand that the Court will NOT address a modification of child support unless I also file a Verified Motion to Modify Child Support Pursuant to C.R.S. § 14-10-122, JDF 1403.

Verification and Acknowledgment

I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

Executed on the day of , , at

Date

Date

Certificate of Service

I certify that on a true and accurate copy of the Motion to was served on the other party by:

or

To:

Your signature:

Enter text✕

What a Motion for Parenting Time Is and Where It Fits

A Motion for Parenting Time is a court filing used to request or change a court order that defines when a parent spends time with a child. Parties file it in family court or the domestic relations division and typically attach a proposed parenting plan that specifies weekday and weekend schedules, holiday allocations, and exchange arrangements. The motion states the factual basis for the request, references any prior orders or statutes, and asks the judge to enter a clear, enforceable parenting time order tailored to the child's best interests.

Why Filing This Motion Matters

Filing a Motion for Parenting Time gives a formal legal path to set or change visitation schedules, clarify parental responsibilities, and obtain enforceable court orders. It helps protect the child's stability and provides courts with the information needed to rule based on the child's best interests.

Why Filing This Motion Matters

Who Commonly Prepares and Files This Motion

Parents, guardians, and family law attorneys commonly use a Motion for Parenting Time to request, modify, or enforce a court-approved visitation schedule.

  • Parent petitioners seeking primary schedule changes due to relocation, work, or safety concerns.
  • Noncustodial parents requesting expanded or clarified overnight and holiday time.
  • Attorneys filing motions on behalf of clients during divorce or post-decree enforcement.

Courts and mediators also review these motions; parties may be ordered to mediation before a hearing to narrow disputed issues.

Primary Roles Involved

Parent (Petitioner)

A parent who files the motion to request custody or schedule modifications. They typically describe changes in circumstance, propose a parenting schedule, and provide supporting evidence such as work schedules, school calendars, and witness declarations to support the court's best-interest analysis.

Attorney

Family law attorneys prepare legal arguments, draft proposed parenting plans, ensure procedural compliance, and file motions. They advise clients on evidence, service requirements, mediation options, and courtroom presentation to improve the likelihood of a clear, enforceable parenting time order.

Key Elements a Professional Motion Should Contain

Core elements that a professional Motion for Parenting Time should include to be legally effective and persuasive to the court.

Caption

Include court name, case number, parties' full legal names, and title 'Motion for Parenting Time' so the clerk and judge can identify the matter correctly.

Statement

Provide a concise statement of facts including current custody orders, recent changes in circumstances, and a clear explanation of why the modification or enforcement is requested.

Proposed Plan

Attach a proposed parenting time schedule with specific dates, times, exchange locations, holiday allocations, transportation responsibilities, and alternate arrangements for school breaks to provide the court a practical roadmap.

Supporting Docs

Include school calendars, medical or therapy schedules, paystubs, third-party declarations, and communication records; identify exhibits clearly to support factual assertions and scheduling feasibility in numbered exhibit form.

Relief

Specify the orders sought, including exact parenting time hours, make-up time for missed visits, temporary arrangements, and any restrictions or supervised visitation requests with legal authority citations.

Certification

Include a signed verification or declaration under penalty of perjury attesting to the truthfulness of factual statements and compliance with service requirements and attach proof of mailing or personal service.

Step-by-Step: Preparing and Filing the Motion

Follow this step-by-step sequence to prepare, file, and serve a Motion for Parenting Time correctly and efficiently.

  • 01
    Prepare: Draft motion and attach proposed parenting plan.
  • 02
    File: Submit at family court clerk's office per local rules.
  • 03
    Serve: Serve opposing party and file proof of service.
  • 04
    Hearing: Attend hearing with evidence and witnesses ready.

Configuring an Online Workflow for This Motion

Configure an online workflow to collect signatures, evidence, and service affidavits for the motion using secure e-filing tools.

Field Configuration
Document Type PDF fillable with embedded fields
Authentication Email link and SMS code option
Proof of Service Auto-generate proof-of-service affidavit on completion
Storage Encrypted cloud storage with access logs

Where to File, Serve, and Submit Supporting Papers

Typical routing: file with the family court clerk, serve opposing parties, and deliver supporting documents to court and counsel as required.

  • Court Clerk: File originals and multiple copies.
  • Opposing Party: Serve by mail, sheriff, or certified process.
  • Mediator: Provide copies if ordered before hearing.
  • Judge: Bring originals and evidence to hearing.

Distribution and eSubmission Considerations

Use secure e-filing, certified mail, or court e-service portals; digital signing platforms should support PDF, DOCX, and audit trails for legal compliance.

  • File Formats: PDF and Word DOCX supported
  • Integrations: Google Workspace and NetSuite
  • Authentication: Email, SMS codes, optional KBA

eSignature Vendor Comparison for Filing and Serving Documents

Comparison of popular eSignature vendors for completing and filing a Motion for Parenting Time; signNow is listed first for parity across features.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Typical Timelines and Court Processing Expectations

Typical timelines and processing expectations for a Motion for Parenting Time, including service, proof filing, and hearing scheduling.

File to Service:

File then serve within local rules; timelines vary by county.

Proof of Service:

File affidavit of service before hearing per court rules.

Hearing Window:

Hearing often scheduled 30–90 days after filing depending on backlog.

Emergency Motions:

Court may hold expedited hearings for safety or urgent relocation.

Post-Hearing Order:

Final order may be entered immediately or after written findings.

Key Milestones from Drafting to Final Order

Sequential milestones from drafting through final order for a Motion for Parenting Time, presented as typical numbered stages.

01

Draft & Gather

Draft motion, collect schedules, school records, and supporting declarations.

02

File & Serve

File with clerk, serve opposing party, and submit proof of service.

03

Pretrial Steps

Mediation, temporary orders, or discovery may occur before hearing.

04

Hearing & Order

Present evidence at hearing; judge issues final or interim order.

Common Preparation Pitfalls to Avoid

  • Unclear proposed schedule leads to judge-requested revisions and delays; be specific about weekdays, weekends, holidays, and transportation responsibilities.
  • Missing supporting evidence such as school calendars, work schedules, or prior orders weakens modification requests and can result in denial.
  • Failing to serve the other parent or file proof of service may cause dismissal or require re-filing with added costs and delays.
  • Overly detailed nonessential requests (childcare minutiae) distract from core issues and may reduce judicial focus on custody factors.

Consequences of Procedural or Factual Errors

Dismissal Risk: Insufficient service or form errors
Delay: Court may continue hearing
Financial Cost: Refiling and attorney fees
Enforcement Limits: Oral agreements may lack enforceability
Child Impact: Instability and scheduling conflict
Sanctions: False statements risk penalties

Real-World Examples of How Motions Are Used

[INTRO] Two examples show how parents and courts use the Motion for Parenting Time in modification and enforcement contexts.

Modification Request

A custodial parent files a Motion for Parenting Time after a job relocation reduces weekday availability and requests schedule adjustments to preserve school routines.

  • Requests reduced midweek visits and added weekend time.
  • The court reviews school stability, distance, and each parent's work schedule, may order mediation, and could adopt a staggered schedule ensuring minimal disruption to the child's education while balancing parental access.

Enforcement Motion

A noncustodial parent files to enforce existing orders after repeated missed exchanges and seeks make-up time and contempt findings.

  • Seeks compensatory parenting time and court order to prevent future breaches.
  • Evidence includes communication logs, missed-exchange dates, and third-party statements; the judge may award make-up visitation, modify exchange terms, or impose sanctions to secure compliance with the parenting plan.

Practical Tips to Improve Accuracy and Reduce Refilings

Practical tips to reduce errors and improve the court's reception of a Motion for Parenting Time.

Use a clear, numbered exhibit index
Create a numbered exhibit list cross-referenced in the motion. Number all attachments, highlight key passages, and file one organized binder or electronic packet so the judge and opposing counsel can review critical evidence quickly.
Be specific about schedules and exchanges
Provide precise weekday and weekend schedules, including exchange windows and fallback plans for holidays and school breaks. Ambiguity often leads to repeated litigation; specific proposals streamline court decision-making and minimize future disputes.
Comply with local court rules and forms
Review the family court's local rules for filing formats, required cover sheets, and service methods. Missing a required form or failing to meet formatting rules can lead to rejection or delay of your motion.
Prepare for mediation and settlement discussions
Courts frequently order mediation; prepare a realistic parenting plan that addresses child routines and compromises in advance. Settlement can yield faster, less adversarial results and retain parent input compared with contested litigation.

Required Information and Key Data Points

Case Number: Court docket identifier assigned by clerk
Parties: Full legal names and addresses
Child Information: Names, DOBs, and residence
Proposed Schedule: Detailed days, times, and exchanges
Supporting Documents: School records, calendars, paystubs
Relief Requested: Specific parenting time and orders

Frequently Asked Questions About Motions for Parenting Time

Answers to common questions about preparing, serving, and enforcing a Motion for Parenting Time, focused on procedural and evidentiary issues.


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