It’s not uncommon for parents sharing custody to experience a change in circumstances that can affect their parenting schedule. For instance, sometimes a new job or job transfer requires one parent to move to a different area or state, which almost always warrants a change in visitation. When a change like this affects the family schedule so much that it changes the court-ordered parenting time requirements, a modification of the custody agreement should be carried out.

Johnson Law Group is an established Commerce City modification attorney group that has successfully represented many families in their custody modification cases. We take a compassionate but assertive approach to our clients’ cases and are dedicated to every case we take.

Custody modification in Commerce City, Colorado is the legal process families must go through to amend, replace, change, alter, or supersede an existing court-determined order for child custody, according to the Colorado Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It is important to update a custody order through the courts any time there is a significant change in circumstances because it maintains the legal protection of the child’s interest that a custody order aims at preserving. 

Any major lifestyle change that will affect a parenting plan is considered a significant change in circumstances. If a life change alters the amount of time a child will be parented by one parent or causes one parent to spend more time parenting the child than the other, the family will need to modify visitation orders through family court.

Some examples of lifestyle changes that can require changes to be made in a parenting plan include:

• One parent moves out of the school district.
• One parent moves out of state.
• One parent gets married.
• One parent gets a new job.
• One parent has another baby.
• One parent is participating in a dangerous activity.
• There is a death in the family.
• A 14-year-old child requests a change of custody.
• The oldest child is of age to be emancipated.
• One parent’s medical needs change.
• A child’s medical needs change.
• A spouse of one parent has a change in jobs, medical conditions, or living arrangements.
• A child becomes involved in extracurricular activities.
• A child starts working.
• A parent violates the current custody order.
• The paternity of a child is proven to be true or false.

Not all instances of the above life changes necessitate a modification, but when they do, enlisting the legal services of a modification attorney can make the process faster and less stressful for all parties involved.

A well-versed modification lawyer has experience with many different situations regarding modifications and knows the ins and outs of the process. An attorney can help you file a Motion to Modify with the court and assist in serving the other parent. These are the first two steps in the process; if they aren’t carried out properly and within the proper timeline, they can cause problems throughout the proceedings.

Having legal representation can also help with disputes if the two parents don’t agree on the modifications in question. Legal counsel can help negotiate and mediate by advising their client based on their experience and knowledge of past cases and current laws.

• The child’s mental and physical well-being
• The child’s relationship with family members, including siblings
• Past court orders and case history
• The financial stability of both parents
• The mental stability of both parents
• Each parent’s ability to follow existing parenting time and visitation orders
• How the change will affect the child’s housing and schooling

Q: Can You Modify Parenting Plan Without Going to Court in CO?

A: In cases in which both parents are in full agreement with the modification of the parenting plan, they can opt to “Change by Agreement.” This is a quick, cheap, and easy way to modify a custody order. Hiring a modification lawyer to draft the agreement can make this process even easier and ensure it is composed properly to protect all parties’ interests should there be a dispute in the future.

Q. How Do I Modify Custody in Colorado?

A. There are three ways to modify custody in Colorado. One is to file a Motion to Modify. The second is by agreement, and the third is a motion to relocate. If a parent is moving far away, the modification will necessitate a motion for relocation. This removes the parenting plan set forth by the court order, but there are very specific and different laws that govern this type of action.

Q. How Do I Win a Custody Modification Case in CO?

A. A favorable outcome in a custody modification case is based on whatever the court deems is in the ideal interest of the child. Therefore, in the eyes of the court, a responsible and capable parent who is involved with the child regularly, who maintains a safe and healthy environment for the child when spending time with them, and who does not say bad things about the other parent around the child is a viable parent for custody.

Q. What Are Material Changes in Circumstances in Colorado Custody?

A. When CO law refers to a material change in circumstance, it means a significant change in the terms of a custody agreement or order that is so substantial that it makes an existing parenting plan irrelevant to the interests of the child. A material change influences the need for custody modification.

If you believe your family needs to file a Motion to Modify in Commerce City, contact Johnson Law Group today to schedule a consultation to discuss your needs. Our legal team is experienced and knowledgeable in family law and equipped to handle your child support modification case.

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