Divorced and separated parents in Colorado are often subject to custody orders. Technically, the family courts in Colorado do not refer to these matters as custody cases. State law uses the term allocation of parental rights and responsibilities. The courts either approve an arrangement negotiated by the parents or establish one based on what a judge believes might be in the best interests of the children.
There is an expectation that both parents should comply with the order allocating parental rights and responsibilities. They need to show up on time for exchanges and communicate actively with the other parent about major decisions. Occasionally, parents may decide that an existing order does not properly meet the family’s needs anymore. They may go back to court seeking a modification.
When are the courts likely to agree that modifying the allocation of parental rights and responsibilities is appropriate?
When the parents agree
As with the initial division of parental rights and responsibilities, those seeking modifications always have the option of working cooperatively with the other parent in the family. Co-parents can theoretically agree to any terms that they believe are in the best interests of their children. Uncontested modifications can occur at any time when family circumstances change and parents agree that they have to change how they divide parenting time and other responsibilities.
When at least two years have passed
If the parents do not agree about the need for a modification or the terms that they should set, the matter may require the review of a family law judge. In such cases, parents typically have to wait at least two years from the last hearing on similar issues to qualify for a modification hearing.
When the primary residence may change
Modifications may be necessary in scenarios where parents intend to move and take the children with them. In situations where the primary residential address of the children could change, a modification hearing is an option even if the family has been in court recently to address parenting matters.
When the children’s safety is at risk
The courts may hear modification cases in scenarios where there is reasonable concern about the safety and well-being of the children. If one parent may have abused the children or neglected them during their parenting time, the courts may agree to hear a modification request earlier than they otherwise would.
Evaluating the situation objectively can help parents determine if pursuing a modification makes sense in their case. Updating an allocation of parental rights and responsibilities can potentially be beneficial for children and the parents in the long run.