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Custody

How Do I Modify a Parenting Plan

When making decisions about the custody of a minor child, Colorado family courts will always put the best interest of the child first—whether that results in a joint or sole custody arrangement. What the courts cannot anticipate, however, is whether or not this parenting plan will continue to benefit the child as time goes on and circumstances change. In some cases, unanticipated changes can result in the need for a modification—which is why child custody agreements are not set in stone.

If you are interested in making changes to an existing parenting plan, you should know that the court will only issue a modification if they find that a change has occurred in the circumstances of the child or the child’s custodian (i.e. you or the other parent), and that a modification is necessary to serve the best interests of the child. For this reason, it is highly recommended that you discuss the facts of your case with one of the Colorado family lawyers at Modern Family Law.

What Will the Court Consider?

If you and the other parent agree that a child custody modification would be to the benefit of your child, you do not have to go through the court to make the desired change; however, you should know that, if you don’t, the new custody arrangement would not be enforceable by the court. For this reason, it is recommended that you go through the proper legal channels to make a modification.

According to Colorado Statute § 14-10-131, when deciding on whether or not to issue a modification, the courts may consider a number of different factors, including:

  • Both parties have agreed to the modification
  • The child has been integrated into the family of the petitioner
  • There has been a modification in the parenting time
  • One party has consistently consented to the other making decisions for the child
  • The present situation could endanger the child’s wellbeing

Need Help Requesting a Modification?

If you need help seeking a child custody modification from the court, please do not hesitate to call on the Colorado family law attorneys at Modern Family Law. Our team is backed by more than 100 years of combined legal experience, and we even offer a free initial consultation to start your case.

Posted October 13, 2015
by: MFL Team


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