Last Updated on November 21, 2025 by Sheen Ancog
Parenting after divorce can be challenging—especially when one parent becomes distant or absent for long periods. In Colorado, family courts prioritize the best interests of the child above all else. But what happens when a parent disappears, moves away, or stops maintaining regular contact? How long can a parent be absent before losing custody or visitation rights?
At Divorce Matters, we understand that every family’s situation is unique. Whether you’re the parent who has been left to care for your child alone or the one trying to reconnect after time away, it’s important to know how Colorado law treats parental absence and what steps you can take to protect your parental rights.
Understanding Custody and Parental Rights in Colorado
Colorado uses the term “parental responsibilities” instead of custody. This term covers two main areas:
- Parental decision-making – who has authority over major life decisions such as education, healthcare, and religion.
- Parenting time – the schedule that determines when a child lives or spends time with each parent.
Both aspects are established through a parenting plan, either agreed upon by both parents or ordered by the court. Once a parenting plan is in place, both parents are expected to follow it and maintain consistent involvement in their child’s life.
If one parent becomes absent for a significant period—without communicating or participating in the child’s life—the court may consider modifying the existing parenting plan.
How Colorado Law Views Parental Absence
There isn’t a specific number of days or months in Colorado law that automatically leads to loss of custody or visitation. Instead, the court examines the totality of the circumstances to determine whether the parent’s absence has affected the child’s well-being.
However, a long or unexplained absence can raise serious questions about a parent’s commitment, reliability, and ability to meet the child’s needs.
Factors that may influence the court’s decision include:
- The length and reason for the absence
- The parent’s efforts (if any) to stay in contact
- The child’s emotional and physical needs
- The stability of the child’s current living arrangement
- The other parent’s role during the absence
- Any history of neglect, abuse, or substance misuse
In short, Colorado courts focus on what benefits the child—not necessarily on punishing an absent parent. But prolonged absence can certainly weaken a parent’s position in custody or visitation disputes.
What Counts as “Abandonment” Under Colorado Law?
The concept of parental abandonment is often raised when one parent is completely out of contact for a long time. Under Colorado law, abandonment generally refers to situations where a parent has intentionally failed to maintain a relationship with their child or failed to provide financial support for a specified period.
While there is no strict timeframe written into law, courts often look at cases where a parent has had no contact for six months or more as potentially fitting the description of abandonment—especially if that absence was voluntary and without justifiable cause.
If abandonment is proven, it can lead to:
- Loss or restriction of parenting time
- Transfer of primary decision-making responsibilities to the other parent
- Termination of parental rights in extreme cases, such as in adoption proceedings
How an Absence Affects Custody Modification
If one parent has been absent and the other wishes to modify custody or visitation, they can file a motion to modify parental responsibilities.
To succeed, the filing parent must show that:
- A substantial and continuing change in circumstances has occurred since the last court order, and
- The proposed modification is in the best interests of the child.
For example, if a parent has been absent for a year, missed scheduled parenting time, and stopped communicating with the child, the court may determine that this constitutes a significant change in circumstances. The court could then modify the parenting plan to reflect the current reality—potentially giving the other parent sole decision-making authority or restricting visitation until the absent parent demonstrates consistent involvement.
Can an Absent Parent Regain Custody or Visitation?
Yes, but it’s not automatic. A parent who has been absent can request to reestablish contact or restore parenting time, but they must demonstrate that doing so serves the child’s best interests.
Courts often encourage the absent parent to rebuild trust gradually. This may involve:
- Attending parenting classes or counseling
- Reintroducing themselves through supervised visitation
- Demonstrating stability in employment, housing, and lifestyle
- Showing consistent, positive engagement with the child
Colorado courts recognize that circumstances change. Parents may face military deployment, illness, addiction recovery, or financial hardship that temporarily disrupts contact. If the absence was due to circumstances beyond the parent’s control and they’ve made efforts to reconnect, the court may grant opportunities for renewed parenting time.
When Does Parental Absence Lead to Termination of Rights?
Termination of parental rights is the most extreme outcome and is typically reserved for cases involving severe neglect, abuse, or prolonged abandonment.
In Colorado, a parent’s rights may be terminated if:
- They have failed to maintain contact with the child for at least six months without good cause.
- They have failed to provide support despite being financially able to do so.
- Reunification efforts would not be in the child’s best interest.
Termination can occur voluntarily (such as when a stepparent adopts the child) or involuntarily through a court order. Because termination permanently severs the legal relationship between parent and child, courts approach these cases with extreme caution.
If you believe the other parent’s prolonged absence qualifies as abandonment or if you are an absent parent hoping to regain rights, it’s crucial to seek legal advice from an experienced Colorado family law attorney.
Protecting Your Parental Rights with Divorce Matters
Whether you’re the custodial parent dealing with an absent co-parent or the parent trying to reestablish contact, Divorce Matters is here to help you navigate the legal process with compassion and clarity.
Our experienced family law attorneys can:
- File or defend custody modification motions
- Advise you on proving or contesting claims of abandonment
- Represent your interests in court
- Develop parenting plans that protect your rights and your child’s best interests
We understand how emotionally charged these cases can be. That’s why our goal is always to find a resolution that provides stability for your child while ensuring fairness for both parents.
Final Thoughts
There’s no single answer to how long a parent can be absent in Colorado before losing custody or visitation rights. Every situation depends on the specific facts, the reasons for the absence, and—above all—the best interests of the child.
What’s clear is that consistent involvement, communication, and support play a major role in maintaining parental rights. If an absence occurs, addressing it quickly and proactively with the court can prevent lasting damage to your relationship with your child.
At Divorce Matters, we’re dedicated to helping Colorado families find balanced solutions to complex custody challenges. If you have questions about parental absence, abandonment, or modifying your custody order, contact our team today to schedule a confidential consultation.