When you first broke up with your ex, you may have sought a custody order through the courts. At first, the custody arrangement might have worked well. But over time, things change, and it might be time to change your custody order as well. This can be done by agreement, but in order to become an order, and thus enforceable by the court, it must go through a formal motion to the court.
The two most common types of modification requests are a change in parenting time and a change in custody. A court will order a change in parenting time if it is in the best interests of the child, while a change in primary custody requires a higher level of proof. If you are considering seeking a modification of parenting time, our Colorado Springs child custody lawyers can help you through the process, including offering insight into how a modification will impact child support.
Ascent Legal Group is committed to helping our clients get the best possible outcome for their family law cases. Whether you are contemplating divorce and need custody advice or are a grandparent who wants visitation with your grandkids, we can help. Reach out to our law firm to schedule a free initial consultation with a Colorado Springs family law attorney.
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Custody and Parenting Time in Colorado Family Law Matters
In Colorado, custody is referred to as parental responsibilities. There are two different parts of parental responsibilities in Colorado: decision-making responsibility (legal custody) and parenting time (physical custody). Generally, decision-making responsibility refers to the ability to make important decisions about a child’s life, while parenting time is the amount of time that a child is physically with each parent.
Colorado courts typically award joint decision-making, absent a finding of domestic violence perpetrated by one of the parties. Parenting time is also usually shared between both parents unless one parent presents a danger to the child.The time that a child spends with a parent is referred to as visitation. The parent with more overnights is considered the primary custodian.
Parenting time can be allocated through an agreement between the parents. Alternatively, a court can make a decision on parenting time. When a judge determines custody, the decision will be based on the best interests of the child. A court will consider:
- The parents’ wishes
- The child’s preference
- The child’s interaction and interrelationship with parents, siblings, and anyone else who may significantly affect the child’s best interests
- The child’s adjustment to home, school, and community
- The mental and physical health of all individuals involved
- Each parent’s ability to encourage the child’s relationship with the other parent
- Whether the parents’ past pattern of involvement with the child reflects their time commitment, mutual support, and a value system
- How close the parents live to each other, and the practical effect on parenting time
- Both parents’ ability to place the child’s needs ahead of their own
- Any information provided to the court about domestic violence in the family
A court’s decision is often based in part on the testimony of a child and family investigator or CFI. A CFI is a court appointed, neutral party, often a mental health professional, who interviews the child and issues recommendations to the court.
Custody cases can be particularly challenging for parents, as they may have difficulty coming to an agreement with their ex. These cases are often very emotionally-charged and can be legally complex. Our Colorado Springs child custody attorneys can advocate for you and protect your rights as a parent.
Can I Get a Modification of Parenting Time?
When a court issues a custody order, it sets up a schedule for how the parents will share parenting time over the coming years. But of course, many things change as kids get older. This may prompt one or both parents to seek a modification of parenting time.
There are several separate options when it comes to modifying parenting time. One option is to seek a change to the schedule without modifying primary custody. This has a lower threshold and a court will grant such a request when it is in the best interests of the child. For example, if one parent had more limited visitation because of the demands of their job but got a different job with better hours, they might seek more time with their kids. They might even seek more equal parenting time without asking to change who the custodial parent is.
As long as the requested modification would not change the custodial parent, the court will focus on the best interests of the child. However, if a parent wants to modify parenting time such that it would change the primary custodian party has primary custody, then a different standard applies.
In these cases, the court will apply a more stringent standard. This is because a modification wouldn’t just change parenting time, but also the child’s primary residence. A court won’t grant this type of modification unless:
- The parents agree to the modification;
- The child has been integrated into the family of the parent seeking the change, with the other parent’s consent;
- The current situation endangers the child’s physical or emotional health, and the advantage of the requested change would outweigh any disadvantages; or
- The primary custodial parent plans to relocate with the child, and the move would be far enough to affect the other parent’s contact with the child.
For example, consider a case where a child and parent are finding it increasingly difficult to get along as the child enters their teenage years. They often have intense arguments that sometimes turn violent. In this situation, the parents might agree to change parenting time and custody. Alternatively, a court may find that the current custody arrangement endangers the child’s physical and emotional health and approve the requested change.
A parent can only seek a substantial modification of parenting time and custody within 2 years of a previous order or request for modification. There is an exception to this rule for two situations:
- The child’s health or emotional development is in danger; or
- The child’s main residence is changing.
If you learn that your ex plans to move out of state, for example, you might petition the court for a modification of parenting time and custody. Similarly, if you discover that your ex has developed a substance abuse problem, that would be the kind of emergency situation that would allow you to petition for modification even if it has been less than 2 years since the last petition or order.
The process of seeking a modification is fairly straightforward. You must have an existing court order on parenting time to make such a request. If you do not, then you will need to seek an initial allocation of parental responsibilities from the court.
If both parents agree to modify parenting time, then you can file a stipulation regarding parenting time modification. Otherwise, you will need to file a motion to modify parenting time. You will need to submit other paperwork along with the motion or stipulation, such as a parenting plan.
A change in parenting time may also affect child support obligations. If a change to child support will also be necessary, you will need to submit financial documents along with your motion or stipulation.
After filing the necessary documents with the court, you will have to serve the other party with a copy. The Court will then review the paperwork. It will then either make a decision based on the filing and any supporting evidence, require mediation between the parents, or schedule a hearing. Typically, if the modification is contested, then the court will require mediation before setting it for a hearing.
Particularly in situations where the parents cannot come to an agreement about a change in parenting time and/or custody, it is important to have legal representation. Courts rely on specific legal standards when making these decisions. Just because you think that a change is warranted does not mean that a judge will agree.
As mentioned above, you can only request a modification that changes the primary custodian every 2 years (with limited exceptions for emergency situations). Because of these limits, you should make sure that you put your best foot forward when filing a motion for modification. Our Colorado Springs family law attorneys will help you understand the likely outcome of a modification request, help you gather evidence, and make strong legal arguments in support of your motion. We can also help you understand how any change may impact your child support obligations or rights.
Considering Seeking a Change to Your Custody Arrangement? Reach Out for a Free Consultation.
When a custody order was entered in your case, you may or may not have been happy with the outcome. Over time, you might realize that this order should be changed in some way, whether you want more time with your kids or to change who is the primary custodial parent. Our law firm can help you seek a modification of parenting time and/or custody with strategic legal advice and zealous representation.
Based in Colorado Springs, Ascent Legal Group represents people who are dealing with all types of family law matters, including both initial custody determinations and requests to modify parenting time and/or custody arrangements. We use our knowledge of Colorado law and our experience with Colorado family courts to help our clients get the best outcome for their situation. Call our law offices at 719-256-0067, or fill out our online contact form to schedule a free 30-minute consultation with an experienced Colorado family lawyer.