How to proceed if you need to modify a child custody order

As a divorced parent, you might need to modify a custody order or even petition a Colorado court to restrict the other parent’s time with the children. There are many reasons why you might find yourself in this position. In some cases, you and the other parent might agree with the changes. In other cases, the petition might come from one parent only and require different steps.

Modifying a custody order when both parents are in agreement

You and the child’s other parent might reach an agreement to modify an existing child custody order. This might lead to changes in the time the child spends with each parent or even result in the child changing where they primarily reside. But if you are both in accord, you can put that agreement in writing. This is also called a stipulation, which is then filed with the court.

Modifying a custody order when the parents are not in agreement

In such cases, one parent will need to file a motion to change the custody order. The motion might be a result of several scenarios, including:

  • A concern over the child’s physical and mental safety
  • A parent’s decision to relocate far enough that parenting time will be severely affected
  • A decision based on the child’s best interests

Once you file the motion, you will need to follow the instructions of the court clerk in your area on how to proceed with the case and schedule a hearing. You must also be ready to provide evidence for why you are asking the court for changes since your might be fined and required to pay court and lawyer fees if the court finds that the case was not serious.