Modification of Child Custody in Colorado

As is the case with other states, Colorado allows for some flexibility when it comes to changing parenting plans.

Judges in the greater Denver area have leeway to modify child custody and parenting time arrangements when circumstances have changed such that the current arrangement is no longer in the best interests of the children involved.

However, this does not mean that parents are allowed to ask for a change of custody on a whim. For one, the law requires a two-year waiting period between requests to change custody or parenting time. The only exception is when the parent requesting the change can prove that the current order could actually harm the child in a significant way.

Likewise, when hearing a change of custody request, a court is only going to look at recent evidence, that is, evidence of facts which happened after the last court order or agreement. In other words, a parent is not allowed to re-visit issues that were or could have been litigated on a previous occasion.

Finally, as with any case involving children, the judge must also determine that the change is in the best interests of the child. In this respect, courts in Colorado will be especially reluctant to change the allocation of decision-making authority in most circumstances.

Many residents of Centennial and the other Denver suburbs might find themselves in a situation where they want or even feel compelled to ask for a change of custody. Job changes or allegations of abuse or neglect or among those factors that could prompt a parent to try to get an arrangement that will better serve the needs of his or her children. A parent faced with these or related factors should consider the advice of an experienced attorney.

Tags: Child Custody

Related Posts: The custody battle from a child's perspective, Modification of child custody in Colorado, How do Colorado courts enforce parenting plans?, CFIs, PREs and allocation of parental responsibilities

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