Motion to Modify Custody and Visitation Order in Colorado

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 Can You Modify a Child Custody or Visitation Order in Colorado?

Yes, in Colorado, it’s possible to request a modification of a child custody or visitation order. Whether you’re a parent or guardian, the state’s legal framework allows for a party to seek changes to better meet the needs of the child and the circumstances of both parties involved.

It is important to first understand how child custody decisions are made prior to attempting any child custody modifications. Child custody in Colorado, also referred to as parental responsibilities, encompasses both physical custody (i.e., where the child lives) and legal custody (i.e., decision-making authority for the child’s upbringing).

Legal custody ensures that the parent can guide and make essential choices for their child’s future and well-being. As such, a parent who has legal custody over their child in Colorado will have the right to make important legal decisions on behalf of that child, such as:

  • Education: Selecting the school or educational path for the child
  • Healthcare: Making physical and mental health decisions, including choosing doctors, treatments, and managing healthcare plans
  • Religious upbringing: Deciding on the child’s religious or spiritual practices and affiliations
  • Extracurricular activities: Determining which activities or programs the child participates in outside of school

When Can You Modify a Custody or Visitation Order?

In Colorado, you can modify a custody or visitation order in Colorado under certain circumstances. Examples of common reasons that may justify a modification of a prior order include:

  • Significant Change in Circumstances: A substantial change in the life of the child or parent, such as a job relocation, remarriage, or a change in living conditions
  • Child’s Needs: If the child’s needs have changed significantly since the original order was established, such as changes in health, education, or emotional needs
  • Parental Behavior: If there is evidence of neglect, abuse, or other behaviors that negatively affect the child’s well-being
  • Parental Agreement: If both parents agree to the modification and believe it is in the child’s best interests
  • Child’s Preferences: The child’s own preference, if they are of sufficient age and maturity to express a reasoned preference

As noted above, if both parents agree to the modification, they can draft an agreed new custody agreement and submit it to the court for approval. However, it is generally advised to have a family law attorney help with drafting the agreed order in order to ensure the agreement is legally sound and enforceable.

If both parents cannot agree to the modification, one parent can file a petition to modify the custody order in the court that has jurisdiction over the matter. The court will then evaluate the filing party’s request based on the child’s best interest standard.

The factors considered by a family court in Colorado regarding when determining whether or not an order is in the child’s best interest are outlined in Colorado Revised Statutes (“C.R.S.”) 14-10-124.

That statute outlines the factors considered by the court when determining the best interests of the child, which includes:

  • Child’s Wishes: If the child is mature enough to express reasoned preferences
  • Parent-Child Relationship: The emotional bonds between the child and each parent, as well as siblings and other significant persons
  • Child’s Adjustment: The child’s adjustment to their home, school, and community
  • Mental and Physical Health: The mental and physical health of all parties involved
  • Parental Cooperation: The ability of the parents to cooperate with one another and make joint decisions
  • Past Involvement: The past involvement of each parent in the child’s life
  • Parental Wishes: The wishes of the parents regarding the child’s upbringing
  • Distance Between Homes: The geographical proximity of the parents’ homes
  • Parental Priorities: Each parent’s ability to prioritize the child’s needs over their own

In addition to the above, if any of the following evidence is present, then a court may restrict or take away a parent’s custody or visitation:

  • Domestic Violence: If there is evidence of domestic violence or child abuse
  • Misleading the Court: If there is evidence that one parent intentionally misled the court to cause unnecessary delays or increase litigation costs
  • Coercion or Duress: The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time
  • Compliance with Court Orders: If there is evidence that a parent has complied with the prior court order concerning custody
  • False Reporting: If there is evidence that a parent was convicted of false reporting of child abuse or neglect

How to File a Petition for Modification of Child Custody or Visitation Order

In order to file a petition for modification of child custody or visitation in Colorado, you should follow these steps:

  • Complete the Necessary Forms: First, you will need to fill out specific forms required for your request
    Common forms include the Motion to Modify Parenting Time (“JDF 1406”) and Sworn Financial Statement (“JDF 1111”), which can be found on the Colorado Judicial Branch website
  • Attach Supporting Documents: You will then need to gather and attach any evidence that supports your request for modification, such as affidavits, reports, or relevant documentation
  • File the Petition: Next, you must submit the completed forms and supporting documents to the appropriate district or family court, making sure to keep copies for yourself
  • Serve the Other Parent: Then you need to ensure the other parent is formally served with a copy of the petition and all accompanying documents, which can be done by a process server or through certified mail, depending on court requirements
  • Attend the Hearing: After serving the other parent, the court will then schedule a hearing that you must attend and present your case, highlighting why the modification is in the best interests of the child

What Are Temporary Child Custody Modifications?

In Colorado, temporary child custody modifications, also referred to as emergency modifications, can be sought when there is evidence of an immediate threat to a child’s health, safety, or welfare.

If you need to request an emergency modification, here are some steps to follow:

  • Gather Evidence: Collect any evidence that supports the immediate threat, such as police reports, medical records, or witness affidavits
  • Complete Emergency Motion Forms: Fill out the necessary forms for an emergency motion, i.e., a Motion for Emergency Hearing (“JDF 1405”)
  • File the Motion: Submit the completed forms and evidence to the appropriate district or family court, making sure to indicate the urgent nature of your request
  • Notify the Other Parent: Inform the other parent about the emergency motion, if it is safe to do so, the court will likely provide specific instructions for any required notification
  • Attend the Hearing: The court will then schedule an emergency hearing, where you should be prepared to present your evidence and explain why the temporary modification is necessary to protect the child’s well-being

If granted, the temporary modification will remain in effect until a final decision is made on a permanent custody arrangement. A local attorney in Colorado will be able to help guide you through Colorado’s rules regarding obtaining a custody modification or modification of a visitation order. They will also be able to help ensure that you have grounds for seeking the modification.

Do I Need a Lawyer To Modify a Child Custody or Visitation Order?

If you are seeking to modify a child custody or visitation order, it is in your best interests to first consult with an experienced Colorado child custody lawyer. LegalMatch can assist you in setting up an initial legal consultation with a custody lawyer in your area.

An experienced child custody attorney will be able to help you understand Colorado’s specific laws on child custody modifications, including ensuring that there has been a significant change that warrants the modification.

They can also help you attempt to reach an agreed modification of child custody or visitation, and help you draft a legally sound agreed order to present to the court. Should an agreed order not be possible, an attorney can also help you properly draft, file, and serve your motion for modification on the other party. Finally, an attorney will also be able to represent you at any in-person court proceeding, as needed.

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