Can Child Custody Plans Be Changed?

A judge’s decisions on child custody in Colorado are legally binding and enforceable. Still, Colorado courts acknowledge that sometimes circumstances substantially change. In some situations, the court may agree to alter a child custody plan based on significant long-term changes in one or both parent’s circumstances or a change in a child’s needs. Colorado Family Court makes all decisions in a child’s best interests, including when considering a change in child custody. Achieving a modification of a child custody order requires demonstrating to the court why the proposed change is in the child’s best interest.

Requesting a Modification of a Parenting Plan in Colorado

When a parent seeks a change in their child custody—parenting time—plan, one parent must file a motion for modification with the court that had jurisdiction over the initial custody decision. Then the parent serves the other parent with the notice of the motion and files a response either agreeing with the request or arguing against it.

If the court finds that the request has merit, a hearing is scheduled during which both sides present their arguments for or against the requested change. Generally, Colorado courts will only agree to modify child custody orders if it is in the child’s best interest due to a long-term change in circumstances that warrants the change.

What Does a Judge Consider Good Cause to Change a Child Custody Order?

 When upholding the standard of making decisions in the child’s best interests, a judge may consider the below common examples:

• A parent’s relocation out of state or a significant distance away
• Changes in a parent’s work schedule
• Changes in a child’s medical status or healthcare needs
• Changes in a child’s schedule
• A maturing child’s preference based on ties to their community and extra-curricular activities

It’s important for parents to note that changing a child custody schedule also changes their child support order which is generated in part by the number of overnight custody stays each parent has with the child.

What If Both Parents Agree to a Change In Their Child Custody Plan?

Many divorced spouses can communicate and compromise effectively during their divorce, facilitating the creation of a mutually agreeable parenting plan under Colorado’s guidelines. In other cases, as years pass after a contentious divorce, divorced parents leave their adversarial feelings behind and learn to co-parent effectively. Either way, as a growing child’s needs change, one parent relocates, or other substantial changes in circumstances arise, parents may mutually agree that their original parenting plan is outdated or requires a change. When both parents agree to a change in their custody plan, they may hire a family attorney in Fort Collins to facilitate a submission of written consent to the court for review. Generally, the court approves these requests since it’s in the best interests of a child for their parents to make these decisions together.

Changing a Parenting Plan in Colorado Due to Imminent Danger

Courts consider continued close contact with both parents to be in a child’s best interest, but this is a rebuttable presumption. When one parent presents compelling evidence that custody or visitation with the other parent places a child in imminent danger, a court may restrict that parent’s parenting time or order supervised visitation only. This may result from evidence of domestic abuse, child abuse, child neglect, or a parent’s chronic substance abuse or criminality.

Any request for modification of existing child custody plans should be facilitated by an experienced Fort Collins child custody attorney since Colorado law requires a wait of at least two years before filing another request.