If you and your child’s other parent are no longer together, you probably have a child custody order in Colorado. However, there may be times when you have to request modifications to your existing child custody order. It’s important to know when that might be possible.
Your child is in danger
Perhaps the biggest reason to request modifications to a child custody order is if your child is in danger. This can be the case if the danger is imminent and there is domestic violence in the other parent’s home. Your child might have even expressed fear to be in your ex’s home, which can signify a significant danger to them.
You or the other parent is moving
You can get modifications to the child custody order if you or the other parent is moving. When moving is going to be very far, the court will consider the following when making modifications:
• Why the parent is relocating
• Whether the child’s daily life will be disrupted
• If the relocation will significantly affect the visitation schedule and make it impossible or extremely difficult
• Whether both parents have communicated beforehand to develop a schedule that works
One parent has ignored the visitation schedule
Another reason to modify an existing child custody order is if one parent is ignoring the visitation schedule. In this situation, the court will seriously look at the situation before making modifications to change the arrangement. The following factors will be examined in this regard:
• Whether both parents have reached an agreement on the parenting plan
• Whether there is good communication between both parents
• Whether there are stated reasons for not following the current visitation schedule
One of the parents has died
Another reason for modifications to a child support order is if a parent has died. If the custodial parent is the one who has passed away, the noncustodial parent may or may not get full custody. The court will determine if this is feasible or if someone else should gain custody. Certain factors can determine the decision, including the following:
• The parent’s living situation and location
• The employment situation of the noncustodial parent
• The child’s wishes to be with a third-party
It’s important to remember that the court will primarily base its decisions on what’s best for the child. A custody modification will only be made when it benefits the child.