Colorado Judicial Branch
What is the Child Access and Visitation Program?
What is the Child Access and Visitation Program?
The “Grants to States for Access and Visitation” Program (42 U.S.C. 669b) was authorized by Congress through passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 under President Clinton. Enabling States to establish and administer programs to support and facilitate non-custodial parents’ access to and visitation of their children. The AV Program is a resource for never married, non-custodial parents seeking access to and/or increased visitation with their children.
Purpose, Goals and Focus
Non-custodial parents have limited resources available to assist them in gaining access (or increased access) to and visitation with their children outside of going to court. The AV Program, through mediation services and assistance with parenting plans opens the lines of communication ideally without court intervention. Court involvement for parenting time disputes can be very costly, time consuming, stressful and emotionally draining. Many non-custodial parents cannot financially go to court.
The purpose of the AV Program is through mediation, identify the obstacles and help overcome the hurdles that prohibit the non-custodial parents' access to their children.
The AV Program goal is to provide never married, non-custodial parents an opportunity to gain access to and/or increased visitation with their children.
The Access and Visitation Program focuses on the never married, non-custodial parents, both mothers and fathers, who are experiencing obstacles in gaining access to and/or increased visitation with their children. The majority of the clients served in the program are fathers. Fathers are important and should have an important and active role in their children's lives.
What Issues Are Addressed in an AV Mediation?
Discussions regarding all issues pertaining to parenting time are acceptable. Most Access & Visitation mediators use a standard parenting plan form or a Memorandum of Understanding (MOU). This document assures the courts the parents were given the opportunity to discuss pertinent and necessary information regarding the children. Child support is commonly established and determined by the Child Support Enforcement or by the Court. Child support and parenting time are two legally distinct issues.
Why Should I Consider AV Mediation?
Access & Visitation mediation may be an alternative to going to court and provides parents an opportunity to create a parenting plan that can be adopted by the court. AV Mediation may be the right choice when parties are unwilling or unable to resolve a parenting time dispute. Mediation helps the parties find common ground and deal with unrealistic expectations.
What Happens After Mediation?
If an agreement is reached regarding parenting time, parents are advised and encouraged to have the agreement submitted to the court for final approval. Having a court approved parenting plan protects both parents and their children. Mediation helps bridge the lines of communication between the parents, preferably without court intervention or involvement.
If no agreement has been reached, you may wish to file a petition for Allocation of Parental Responsibilities. Click here to learn more, Child Custody without a Marriage or Civil Union
Without a legally enforceable parenting plan, neither parent has legal rights related to parenting time and decision making authority.
Click the flowing links for more information.