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Child Custody Modifications in Colorado

You may want or need to change child custody arrangements that were previously agreed to by you and your ex-spouse, or ordered by the court. However, the court will not grant a modification unless correct legal procedures are followed and it is either agreed or demonstrated to the court that the desired change is in the child(ren)'s best interests.

If you believe child custody should be changed, Boal Law Firm, P.C. is here to help and can draft an agreed-upon stipulation for you that is legally sound and defends you from unexpected and unbargained-for surprises in the future, or represent you in contested court proceedings against to either change an existing parenting plan or custody arrangement, or defend against the other parent attempting to change the same.

Reasons to Change Decision Making Responsibility for the Child

According to Colorado Revised Statute ยง14-10-131, the court can make changes to shared decision-making responsibility if:

  • You and the other parent agree to the modification.
  • The child spends more time with you with the consent of the other parent, and the court deems that it is in the child's best interest to change the decision-making responsibility.
  • The parenting time has changed in a way that makes it in the best interests of the child to also change in which parent makes one or more major types of parenting decisions.
  • If the other parent consistently allows you to make decisions for the child that he or she has decision-making authority for under an existing order.
  • If the other parent makes decisions that are not in the child's best interests, and exercises decision-making responsibility in a way that endangers the child's physical health of significantly impairs child's emotional development and any harm likely to be caused by the change is outweighed by the advantage of the change to the child.

Your Spouse or Ex-Spouse Does Not Abide By the Court's Orders

If your spouse, ex-spouse, or other parent of your child does not abide the court's orders, the court has several actions it can take to correct the problem, including ordering make-up visitation and/or parenting time and sanctions including (in extreme cases) fines and/or jail. If the other parent of your child is not allowing visitation, you should contact a skilled domestic relations attorney like Brian Boal at Boal Law Firm as soon as possible, so that we can get started working for you to resolve the matter before too much time has passed causing a permanent strain on your-parent-child relationship.

Additional Documents and Changes

When you seek modification of a parenting schedule, you can also modification of decision-making authority and the child support orders. You must propose a new parenting plan, which outlines the responsibilities of the parents and a parenting and/or visitation schedule. When a motion to modify child support is filed, both parties must also file updated sworn financial statements and make certain other financial disclosures. Thus, you should have pay stubs, tax returns and other financial documents ready.

Contact Boal Law Firm, P.C.

If the other parent of your child is not complying with a child custody order or if you believe that it would be in the best interest of your child to modify parental responsibilities, including but not limited to parenting time and decision-making authority, contact Boal Law Firm, P.C. for a free consultation. If you have documentation that shows it would be in the child's best interest to modify a previous custody agreement or order, you are encouraged to bring it with you to the consultation.

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