Child Custody Modification

The attorneys at Philip Goldberg PC represent clients in child custody modification proceedings, including modifications to parenting time and decision-making for the children. If you are involved in a modification proceeding or have questions about the modification process, contact us to schedule a consultation.

Modification of Parenting Time or Decision-Making 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 is the parents’ responsibilities to their children. A modification proceeding may impact parenting time, decision-making, or both.

Modification of Parenting Time

The court may modify a previous order granting or denying parenting time rights if the modification is in the child’s best interest. The court may not restrict a parent’s parenting time with a child unless it finds endangerment to the child’s physical health or emotional development without the restriction.

The court may not modify a parenting time order that substantially changes the parenting time arrangement, as well as the party with whom the child resides the majority of the time, unless at least one of the following occurs:

  • 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 heard by the court within the previous two years unless the court finds that the child’s present environment endangers their physical health or significantly impairs their emotional development.

Modification of Decision-Making Responsibilities

To modify an order allocating decision-making responsibility for the child, 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 harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.

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

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How A Family Law Attorney Helps with Child Custody Modification

Colorado law requires certain criteria to be met in order to modify parenting time or decision-making.

The attorneys at Philip Goldberg PC have extensive experience litigating custody modification cases.

  • Understand the unique issues involved in custody modification proceedings
  • Draft and process all documentation required by the court

  • Advise you on all issues pertaining to the modification process

  • Represent you at mediation and trial

Contact us with questions or to schedule a consultation.

Modification of Child Custody FAQs

Modification of Child Custody FAQs Can I Modify My Parenting Plan Without Going to Court?

Yes. However, both parties must agree to the modification and file a stipulation to modify parenting fame, decision-making, or both. The court has discretion to grant or deny the stipulation. If either party disagrees with the proposed modification, the requesting party must file a contested motion with the court. Even if both parties agree to the modification, the court will only enforce modifications specifically approved of by the court.

Experienced Family Law Attorney

The attorneys at Philip Goldberg PC are family law attorneys serving clients in the Denver metropolitan area. They understand the complexifies involved in determining and enforcing parenting time and decision-making rights and have extensive experience litigating child custody modifications. You do not have to face these issues alone. Let our attorneys fight for what means the most to you.

Contact our office to schedule a consultation.