When life circumstances change, you may need a change in your parenting time order. You can modify a Colorado parenting time order if you and your co-parent agree on the modifications. If not, you will need to seek a court order.
Colorado law requires you to wait at least two years before petitioning to modify a parenting time order. Decisions on custody and parenting time are made based on the best interest of a child and focus on stability for a child.
Frequent changes in parenting time disrupt a child’s stability, which is a reason for the two-year rule.
Exceptions to the two-year rule
You can petition to modify parenting time within two years if you believe your child’s safety is threatened or you are relocating. You must show a significant change in circumstances that makes a new parenting time schedule necessary.
This typically means something has happened that impacts the child negatively or makes the current schedule impractical or impossible to follow.
When you petition to modify a parenting time order, you must prove how your proposed modification is in your child’s best interest. This is done through evidence, which can take various forms.
Gathering your evidence
If you are relocating, your reasons for moving will be examined. If you are moving for a new job, documentation about your new job will help. Positive documentation about the proposed new school district is also positive evidence.
If your modification petition is based on a threat to your child, evidence of neglect or abuse is necessary to prove that being with your co-parent is no longer in your child’s best interest. Evidence can include photos, videos or social media posts.
Steps to file for modification
The first step is filing a motion for modification. You should include all relevant evidence and documentation with your petition.
Next, you will be scheduled for a hearing to present your evidence. A court will rule on your petition. Thorough preparation is necessary to succeed with your modification petition.