How Do You Make Changes to Existing Child Custody Orders?

Colorado makes all family court decisions in the best interests of children. Where, and with whom, a child lives is of utmost priority in Colorado divorces.

A final court order for a child custody decision and schedule is legally binding. Failing to comply with a shared parenting schedule or primary custody and visitation order can result in serious consequences, including contempt of court charges and possible arrest; however, courts acknowledge that sometimes significant long-term changes occur, warranting a revisiting of an existing child custody order.

If you’ve experienced a change in circumstances that impacts your child custody, it’s critical to address the matter through a Colorado child custody modification request with the help of a Denver child custody attorney before making any changes.

What Are the Legal Requirements for a Judge to Consider Modification of Existing Child Custody Orders?

Since the courts uphold the standard of deciding custody based on the child’s best interest, they will only consider a modification request if the parent making the request shows the court a compelling argument that it is in the child’s best interest. Typically, courts consider the following legal requirements for a modification of existing child custody orders:

• Has there been a significant, long-term change in circumstances that impacts the original custody order?
• Would the requested change be in the child’s best interest?
• Is the child in imminent danger under the current custody orders?

If both parents agree to the change in child custody, they may file a stipulation with the court which then approves or denies the change.

However, if one parent requests a modification of their child custody order and the other parent disagrees, the parent requesting the change must file a motion to change the order, becoming the petitioner in the case. The other parent is the respondent who may dispute the change and argue their position in court at a scheduled hearing.

Common Reasons for Requesting a Modification of Colorado Child Custody Orders

Some life changes happen slowly over time, and others are instant but may have long-term impacts. Parents file modification requests for their child custody orders for many reasons, including the following:

• A parent is relocating a significant distance away, out of a school district, or to a new state
• A parent suffers a negative change in their health or abilities to care for the child and they or the other parent seeks a change in custody
• A child’s safety or welfare is at risk under the current custody order; for example in cases of abuse, neglect, or chronic addiction
• A child’s needs have changed due to a medical condition or as the natural result of maturing, for instance, if the current custody order interferes with their extra-curricular activities or academic needs
• One parent consistently violates the current child custody order

It’s important to note that a change in a child’s custody schedule also changes the family’s child support order, which is based not only on the income of both parents but also on the total number of overnight stays each parent has with their child.

What to Expect at a Hearing for a Post-Judgment Modification of Child Custody Orders

After one parent files a motion requesting a change in child custody and the other parent files their response, a judge sets a hearing date. At the hearing, both sides present arguments supporting their case by demonstrating what they think is in their child’s best interest. The court makes its decision after a judge carefully considers the arguments on both sides.

A court’s decision on a modification request for child custody is legally binding. Generally, the court will not consider a second request for modification of existing orders for at least two years after a first request, unless the parent can show that the child is in imminent danger.

How a Denver Family Law Attorney

Proving that a request for changes to an existing child custody order is in a child’s best interest or disproving the other parent’s request can be challenging. Hiring an experienced Denver family law lawyer in Colorado is critical to the outcome of your case. Call the family court attorneys in Colorado at Ciancio Ciancio Brown, P.C. today so we can help you make the most compelling case possible to achieve your desired child custody outcome through a Colorado request for modification of child custody.