Child Custody - Modification

In Colorado, differing standards apply depending on magnitude and type of change that is being requested.

Modification of Parenting Time

1. If you are asking for a change to parenting time that does not change who the child
    spends the majority of their time with, then you can bring a Motion for Modification. The
    Court will look to see if the modification would serve the best interests of the child.

2. If you are asking for a change that substantially changes the parenting time as well as
    changes the party with whom the child resides a majority of the time, then the Court will
    look to see if there are new facts that show a change in circumstances of the child or
    the other party from the time of the last custody order. The Court will allow a
    modification if these new facts show that the modification is necessary to serve the best
    interests of the child and one of the following also exists:

    a. The parties agree to the modification
    b. The child has been integrated into the moving party’s family with the consent of the
        other party
    c. The party that the child resides with for the majority of the time is relocating to a new
        location that substantially changes the geographical ties between the child and the
        other party. or
    d. The child’s present environment endangers the child’s physical health or significantly
        impairs the child’s emotional development and the harm of the change in
        environment is outweighed by the advantage of the change to the child.

3. You can bring a motion to modify parenting time if the other parent has been convicted
    of certain crimes or a crime where the underlying factual basis has been found by the
    court to include an act of domestic violence that constitutes a potential threat or
    endangerment to the child, the other parent or any other person granted parental
    responsibility by the court. The court will suspend the offending party’s parenting
    rights unless the offending parent can prove at hearing that it is in the best interests
    of the child to keep parenting time.

4. If you are requesting the Court to restrict the other party’s parenting time (without a
    criminal conviction as described above) then a higher standard of endangerment to
    physical health or significant impairment to the child’s emotional development will
    apply.


Modification of Decision Making

If you are requesting a change to the Court’s Order regarding decision making, there must be new facts since the last Order that change the circumstances of the child or the other party and the change is necessary to serve the best interest of the child. The change will only be granted if it is in the best interests of the child and one of the following exists:

1. The parties agree to the modification
2. The child is integrated into the family of the person requesting the change with consent
    of the other party and such change warrants a change in decision-making authority.
3. There has been a modification of parenting time that warrants a modification of
    decision-making responsibilities.
4. There has been a consistent pattern of the other party allowing you to make decisions
    that were theirs to make under the past order.
5. The retention of the present decision making arrangement would endanger the child’s
    physical health or significantly impair the child’s emotional development and the
    harm of the change is outweighed by the advantage of the change to the child.

Please go to www.burnhamlaw.com for a full overview of the firm and the services provided in both New York and Colorado.