Custody Modification Attorney

At Philip Goldberg PC, we represent clients with family law issues in Colorado, including child
custody
modifications. We work with clients to seek changes to parenting time and decision-
making for the children through the modification process.

Contact our Denver office to request an appointment for a consultation.

Modification of Custody in Colorado

Colorado has eliminated the concept of “child custody” and in its place substituted the concepts of “parenting time” and “decision making” for a child. It was thought that the term “custody” connoted a sense of ownership over the child and distracted from the proper focus which was the parents’ responsibilities to their children. A modification request may impact parenting time, decision-making, or both.

The process for each category requires a motion or stipulation. For example, to change decision-making, the party would file a motion or stipulation to modify decision-making. The parties file a stipulation if both agree to the changes. If one party objects to the changes, the other party can file a motion to modify.

Modification of Parenting Time

If the modification is in the child’s best interest, the court may modify the order to grant or deny parenting time rights. Typically, the court recognizes the benefit to the child of spending time with each parent. Therefore, the court may not restrict parenting time unless it finds likely endangerment of the child’s physical or emotional health without the restriction.

The court may not modify a parenting time order that substantially changes the parenting time arrangements as well as the party with whom the child resides most of the time unless at least one of the following occur.

  • The parties agree to the modification,
  • The child has been integrated into the home of the moving party with the consent of the other party,

  • The child’s present environment endangers the child’s physical health or significantly impairs the child’s emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.

No motion for a substantial change in parenting time that would also change the party with whom the child resides a majority of the time may be filed if a prior motion requesting the same relief was disposed of by the court within the previous two years unless the court finds that the child’s present environment may endanger his or her physical health or significantly impair his or her mental development.

Modification of Decision-Making Responsibilities

To modify a decision-making order, one of the following conditions must have occurred:

  • The parties must agree to the modification.

  • The child has integrated into the family of the moving party with the other party’s consent, and such a situation warrants a modification of the allocation of decision-making responsibilities.

  • There has been a modification in the parenting time order that warrants a modification of the allocation of decision-making responsibilities.

  • A party has consistently consented to the other party making individual decisions for the child, which decisions the party was to make individually or the parties were to make mutually.
  • The retention of the allocation of decision-making responsibility would endanger the child’s physical health or significantly impair the child’s emotional development, and the advantage of a change to the child outweighs the potential harm from a change of environment.

Neither party may file a motion to modify decision-making responsibilities if the court disposed of a prior motion requesting the same relief within the previous two years unless the court finds that the child’s present environment may endanger their physical health or significantly impair their mental development.

Philip Goldberg PC

Contact Philip Goldberg PC

Request an appointment to discuss your family law needs.

How A Family Law Attorney Helps with Child Custody Modification

Colorado’s child custody laws require specific circumstances to modify parenting time or decision-making. You need an experienced and knowledgeable legal team on your side to understand the law and processes involved.

At Philip Goldberg PC, we build a case that represents the best interests of our client and their children. Our legal team has extensive experience working on child custody issues. We understand the safety and wellbeing of your child are on the line.

Philip Goldberg PC offers personalized and compassionate service.

  • Understand the unique issues involved in the child custody orders

  • Assist with processing of the motion to modify parenting time or decision-making

  • Protect the rights, interests, and privacy of our clients and their families

  • Represent you at hearings

Contact us with questions or to schedule an appointment.

Modification of Child Custody FAQs

Yes. However, both parties must agree to the changes and file a stipulation to change parenting time, decision-making, or both. The courts could choose to deny the stipulation. If either party disagrees with the modification, the requesting party must file a motion with the court.

Even if both parties agree to the changes, the court can only enforce changes filed and approved of by the courts. It’s best to file a stipulation to protect the interests of all parties, including the children.

Experienced Family Law Attorney

Philip Goldberg PC is a family law attorney serving clients in the Denver Metro area with child custody issues. He understands the complexities involved in determining and enforcing parenting time and decision-making. He’s helped countless clients successfully navigate changes in child custody. You do not have to face these issues alone. Get the support you need with help from Philip Goldberg PC.

Contact our office to schedule a consultation to discuss your family law issue.