How Can You Modify an Existing Parenting Arrangement?
Parenting arrangements are typically established during a divorce or when parents separate, and they outline how parents will share time with their children and make important decisions about their upbringing. These arrangements may include custody schedules, visitation rights, child support, and decisions regarding education, healthcare, and religious upbringing.
As children grow and life circumstances change, it’s often necessary to modify the existing parenting arrangement. Whether it’s due to a change in a parent’s work schedule, a move to a new location, or a shift in the child’s needs, the process for modifying a parenting arrangement isn’t always simple.
If you’re considering modifying an existing parenting arrangement in Colorado, it's essential to understand the legal requirements, procedures, and reasons that can justify a modification. At Attorneys at Law Timlin & Rye, P.C. in Denver, Colorado, we’re here to help you understand how you can modify a parenting arrangement and why it might be necessary.
Why Modify a Parenting Arrangement?
There are many reasons a parenting arrangement may need modification. The needs of both parents and children evolve over time, and a plan that worked when the child was younger may no longer be effective as the child grows older. Some common reasons for seeking a modification include:
Change in parental circumstances: A significant change in a parent’s life, such as a job relocation, remarriage, or a change in work hours, may require a modification to the parenting plan. For example, if one parent moves to another state for work, the existing visitation schedule may no longer be feasible.
Child’s best interests: As children age, their needs may change. They may have different school schedules, extracurricular activities, or medical needs that necessitate adjustments to the parenting arrangement. Courts are always concerned with the child’s best interests, and if the current arrangement is no longer working for the child, it may need to be modified.
Parental conflict: If the parents are no longer able to effectively co-parent, or if there’s a history of conflict or disagreements about how to parent, the existing plan may not be in the best interest of the child. Modifications may be necessary to address these issues, including adjustments to the time-sharing schedule or decision-making authority.
Changes in the child’s preferences: As children get older, they may have more input into the parenting arrangement. Colorado courts may consider the preferences of a child who is 12 years old or older when determining custody and visitation, and this can lead to modifications based on the child’s desires.
Increased need for stability: If a child’s environment has changed significantly, such as after a parent’s divorce or if there has been a history of instability in the home, a modification may be necessary to provide the child with a more stable and predictable routine.
Improper or dangerous parental behavior: If one parent is engaging in behavior that endangers the child’s well-being—whether it’s neglect, substance abuse, or violent behavior—it may be necessary to seek a modification to protect the child.
Legal Standards for Modifying a Parenting Arrangement in Colorado
In Colorado, the court will only approve a modification of an existing parenting arrangement under certain circumstances. The modification must be in the best interests of the child, and the court will carefully evaluate the reasons for the request. Additionally, there are specific legal standards that must be met for a modification to be granted:
Substantial Change in Circumstances
In Colorado, a party seeking to modify a parenting arrangement must demonstrate that there has been a significant or substantial change in circumstances since the original parenting plan was issued. This change must affect the child’s well-being or the ability of the parents to effectively co-parent.
Examples of a substantial change in circumstances might include a parent relocating, a parent’s work schedule changing significantly, or a new medical condition or disability affecting one of the parents or the child. A change in a parent’s financial situation or a change in the child’s needs could also meet the standard.
Best Interests of the Child
The overriding factor in any decision regarding a modification of a parenting arrangement is the best interests of the child. In determining what is in the child’s best interests, Colorado courts will consider factors such as:
The child’s relationship with each parent.
The child’s adjustment to their home, school, and community.
The physical and emotional needs of the child.
The ability of each parent to encourage and support the child’s relationship with the other parent.
Any history of domestic violence or abuse.
The child’s wishes, if they’re of sufficient age and maturity to express them.
Time Since the Last Order
If the parenting arrangement has been in place for more than two years, the court will apply a higher standard to determine if a modification is necessary. The party seeking modification must show that the change in circumstances isn’t just a minor inconvenience or dissatisfaction with the current arrangement but that the change is significant and impacts the child’s best interests.
If less than two years have passed since the last order, modifications are easier to obtain, as the court presumes that the parenting plan is relatively recent and more likely to be in the child’s best interest.
How to Modify an Existing Parenting Arrangement in Colorado
If you believe a modification to your parenting arrangement is necessary, the process typically involves several legal steps. Here’s an overview of the steps involved in modifying a parenting arrangement in Colorado:
Attempt Mediation or Alternative Dispute Resolution (ADR)
Before seeking a modification through the court, it’s often required or strongly encouraged that the parents attempt mediation or another form of alternative dispute resolution (ADR). Mediation occurs when a neutral third party helps the parents negotiate a new arrangement. This can be a more affordable and less stressful way to address disagreements without going to court.
If mediation is successful, the parties can file a joint motion with the court to approve the new agreement. However, if mediation doesn’t resolve the issues or if one parent refuses to participate, the next step is to seek a modification through the courts.
File a Motion for Modification of the Parenting Plan
To initiate the process, the parent seeking the modification must file a motion with the Colorado court that issued the original parenting arrangement. The motion should explain the substantial change in circumstances and why a modification is in the child’s best interest.
The motion should include supporting documentation that demonstrates the change in circumstances. This could include things like medical records, proof of relocation, or a history of abuse or neglect. It’s crucial to provide clear, compelling evidence that supports your request.
Serve the Other Parent
Once the motion is filed, it must be served on the other parent. This is called “service of process.” The other parent has the right to respond to the motion and may either agree to the proposed modification or file an objection if they disagree.
If the other parent doesn’t respond within the time allowed, the court may proceed without their input. However, if they object to the modification, the court will schedule a hearing to resolve the dispute.
Attend a Court Hearing
If the modification is contested, a court hearing will be scheduled. At this hearing, both parents will present their evidence and arguments. The judge will consider all factors related to the child’s well-being, including each parent’s ability to care for the child, the stability of each home environment, and the potential impact of the modification on the child.
It’s essential to have legal representation during this hearing to make sure that your position is clearly articulated and that your evidence is presented in the most compelling way possible. The court will then make a ruling based on the best interests of the child.
Follow the Court’s Order
Once the court has made a decision, it will issue an order reflecting the new parenting arrangement. Both parents are legally obligated to follow this order. If one parent fails to comply, the other parent can request enforcement through the court.
If either parent continues to have significant issues with the parenting plan or believes that further changes are necessary, they may file additional motions for modifications in the future.
Contact a Family Attorney for Assistance
If you’re considering modifying your parenting arrangement, working with an experienced family law attorney can help assure that the process is handled smoothly and in the best interest of your child.
Based in Denver, Colorado, Attorneys at Law Timlin & Rye, P.C. serves Adams County, Arapohoe County, Jefferson County, and Douglas County. Contact us today for assistance updating your parenting agreement according to your child’s needs.