Life doesn’t sit still for anyone, does it? Jobs change, families grow, and sometimes circumstances shift in ways that make an old parenting plan feel out of touch with today’s reality. If you’re a parent in Colorado, feeling anxious about whether your child custody order still works for your family, you’re not alone.
We understand—navigating the world of child custody can feel overwhelming. But here’s the good news– Colorado law does allow custody orders to change when life demands it, and you don’t have to wade through the process solo. Led by April D. Jones—a seasoned family law attorney with over three decades of hands-on experience—Jones Law Firm has guided thousands of Colorado parents through custody modifications with equal parts strategy and compassion. Our team acts as your advocate and ally, always focusing on what matters most– your child’s well-being.
Let’s walk through what you need to know, step-by-step.
When & Why Can Custody Orders Be Modified?
There’s a common misconception that you can simply tweak a custody order whenever you want. In reality, courts in Colorado take stability seriously– modifications aren’t handed out on a whim. They’ll only consider changes when circumstances truly demand it.
Here are the most common scenarios:
- Parental Relocation: If you or your child’s other parent needs to move—say for a new job or to be closer to family—it might throw a wrench in your existing schedule. (We’ll dig into this one more later. Relocation can be a big deal.)
- Changing Child Needs: Kids don’t stand still! As they grow, their routines, school obligations, and even extracurricular activities might call for a fresh approach to parenting time.
- A Parent’s Situation Changes: Maybe you landed a job with a night shift, or you’re dealing with health struggles. If something is making it harder for you to stick to the existing plan, it could warrant a change.
- Concerns About Home Environment: No one likes to consider this, but if there are safety concerns—abuse, neglect, or issues affecting your child’s physical/emotional health—it’s critical to act swiftly.
Bottom line: Any modification should put your child’s interests first—not be used to “get back” at an ex, or jockey for position. Colorado courts see straight through those games.
Legal Standards for Custody Modification in Colorado
Let’s look how Colorado courts actually decide whether to approve a change.
1. “Best Interests of the Child” Standard
For minor adjustments—maybe you want to tweak overnight exchanges or alter weekly schedules—courts require convincing proof that the update is genuinely best for your child. They’ll consider:
- How your child is adjusting at home, in school, and the community
- The health of everyone involved
- Whether both parents support a strong relationship with the other parent
We can’t count how often parents worry that simply wanting “more time” is enough. Truth is, you’ve got to show how the change improves your child’s daily life.
2. Stricter Standard for Changing Primary Custody
Now, if you’re looking to switch who the child primarily lives with, buckle up—this is a much steeper climb. Under Colorado law (specifically C.R.S. 14-10-129(2)), you must meet one of these conditions:
- Both parents agree to the change
- The child already lives most of the time with the parent requesting the change, with the other parent’s consent
- The primary guardian plans to relocate with the child (more on that soon!)
- There’s credible evidence that the current environment endangered your child—physically or emotionally—and the benefits of moving outweigh the disruption
Courts don’t take these decisions lightly. Unless you’re checking one of those boxes, don’t expect a big change to succeed.
3. The Two-Year Rule
Ever feel like your ex tries to drag you back to court every year? Colorado’s “two-year rule” keeps this in check. If you just had a major custody order in the last two years, you can’t file for another unless there’s a real emergency—a situation that could harm your child.
This rule is there for a reason– it shields kids from constant back-and-forth, giving families some breathing room.
4. Filing Where It All Began
One last bit of legal nitty-gritty– Any modification request has to be filed in the same court that issued your original custody order. That’s typically the county where your child lives. You (or your attorney) will need to submit a formal motion to modify parental responsibilities and serve it to the other parent.
Pro tip: Attaching a short affidavit explaining what’s changed upfront can help the court understand your case from the get-go.
Step-by-Step: The Custody Modification Process in Colorado
Alright, let’s break this down with action steps you can actually follow.
Step 1: Evaluate Your Case
Ask yourself honestly:
- Has anything meaningful changed since the last order (e.g., relocation, safety, health, a new job)?
- Is this request about your child’s needs—or more about a disagreement with your ex?
- Has it been at least two years since the last big custody decision (or is there an urgent, dangerous situation)?
Trust me, taking stock upfront can save a world of frustration.
Step 2: Consult an Experienced Family Law Attorney
We always tell people—don’t try to “wing it” on your own, especially if the stakes are high. At Jones Law Firm, we’ve helped clients navigate everything from routine schedule changes to tough endangerment cases. April D. Jones, who’s recognized statewide for her deep knowledge of Colorado custody law, often sits down personally to assess unique situations. A skilled attorney isn’t just about paperwork—they strategize the strongest legal approach for you.
Step 3: File the Motion to Modify
Ready to move forward? Now’s the time to file your motion to modify parental responsibilities with the court. Most filings happen right where the original order was issued, and they should clearly spell out:
- What you want to change (and why)
- How it supports your child’s best interests
- The legal grounds for your request (your attorney can help cite the relevant statutes)
Heads up—there’s usually a filing fee of roughly $100–$110 (but always check your local court’s schedule).
Step 4: Serve the Other Parent
After filing, the law requires you to serve the motion and related documents to the other parent. This might sound intimidating, but it’s about fairness—everyone deserves notice. You can hire a process server or use the sheriff’s office. Sometimes, if your ex already has a lawyer, notice can be given via certified mail. Don’t stress—your legal team can guide you.
Step 5: Mediation—Can You Reach Agreement Outside of Court?
Most Colorado courts will require you to try mediation first. Why? Because often, with a little help from a neutral third party, parents can craft a new agreement that works for everyone—especially the kids.
Many of our clients feel nervous about mediation at first, but come to see it as a less stressful, less costly alternative to a courtroom showdown. Our attorneys are tough negotiators– we’ll make sure your goals and your child’s needs stay front and center.
Step 6: Prep for the Court Hearing (If Needed)
If mediation doesn’t crack it, you’ll get a hearing. Preparation is huge here. Think:
- School records and report cards
- Doctor’s notes or health records if relevant
- Emails or texts that show scheduling or safety issues
- Statements from teachers, counselors, or family friends
If endangerment or neglect is involved, evidence like police reports or witness testimony can be critical. We build each case meticulously, and it really can make all the difference.
Step 7: The Day in Court
Let’s be real—court can feel intimidating. At the hearing, you and the other parent will each have the chance to present evidence and make your arguments. The judge’s job? Analyze whether all legal standards are met and, above all, make a decision that serves your child’s ongoing needs. If you’re asking for a complete change of custody, just be aware—you’ll need to meet that higher bar we discussed earlier.
Step 8: After the Judge Decides—Next Steps
If your request is approved, celebrate (maybe with a family outing?)—but also pay careful attention to your new order. The updated parenting plan is now legally binding. Take time to explain the changes to your child (together, if possible), so they don’t feel caught off-guard.
If the request is denied, it can sting. Don’t act rashly. Never violate the existing order. You can ask about legal options—sometimes, a fresh attempt down the road, with stronger evidence, can still succeed.
Special Focus: Child Relocation Cases
Moving away—a new city, maybe a new state—can throw every plan into chaos. We get tons of questions about this. Here’s what to know:
If you’re a custodial parent and want to move a significant distance with your child, you must give the other parent formal notice. If they object, the whole custody arrangement could be up for review—even within two years of your last order. This is one of the few special situations that allows for quick action in Colorado.
What does the court look at in relocation cases?
Judges don’t just stamp “approved” or “denied” on these requests. They dig deep, weighing the reasons for the move (maybe you got a dream job, or want to be near grandparents), the distance, and—most importantly—how it will affect your child’s relationship with both parents.
Some things the court will consider:
- Why is the relocation necessary?
- How far is the move?
- Will your child’s schooling or social life be disrupted?
- Can the other parent reasonably maintain a strong relationship with your child?]
- What adjustments can be made to visitation or holidays to balance things out?
Here’s a simple, real-world scenario:
Imagine a mom in Denver lands a promotion, but it means moving to Seattle. Dad, understandably, isn’t thrilled about losing regular weeknight visits. This situation doesn’t have a single “right” answer—the court might approve the move but compensate dad with longer summer breaks or extended holidays. Or, sometimes, the court might decide it’s in the child’s best interest to stay primarily with dad and adapt the schedule the other way. It all depends on the specifics, evidence, and, yes, how clearly the parents can communicate their plans.
Our advice? If relocation is even a remote possibility, start planning early. Put together detailed proposals– school plans, travel arrangements, and ways your child can stay closely connected to both parents. These details can swing a judge’s decision.
Overcoming Common Custody Modification Challenges
Let’s face it—changing a custody order isn’t a walk in the park. We see parents struggle with the same hurdles over and over, and it’s completely normal to feel frustrated or overwhelmed. Here’s what you might encounter (and how to navigate it):
Emotional Stress & Co-Parent Conflict
Honestly, this process can dig up old wounds. Maybe you’re worried your co-parent will resent your request or accuse you of acting out of spite.
Our best tip: keep your focus on your child, steer clear of name-calling (hard as that might be), and document all interactions. Courts notice when parents can cooperate—or at least keep things civil. If the temperature rises too high, let your attorney manage communication.
Proving There’s Been a “Change in Circumstances”
This is where details matter. Vague statements rarely get the job done. Instead, line up:
- Letters from employers (if a work change is the reason)
- Reports from teachers or medical professionals (for child development needs)
- Police records or documented incidents (for safety/environmental issues)
The more organized and concrete your evidence, the easier it is for the court to understand your side.
Delays & Denials
The wheels of justice can turn slowly. Some Colorado courts are busier than others—depending on your county, it might take a few months to get a hearing date. And yes, sometimes motions are denied before reaching a judge if the initial paperwork isn’t strong enough. If that happens, don’t get discouraged; sometimes it’s just a matter of strengthening your case. That’s where a knowledgeable legal team really shines.
Emergency Situations—Temporary Orders
Sometimes, you simply can’t wait for a long court process, especially if your child’s safety is at risk. In those cases, Colorado law lets you request a temporary emergency order—think of it as putting the brakes on until a full hearing can happen.
But a word of caution: only use this avenue if your concerns are truly urgent. False alarms can do more harm than good.
Navigating the Legal Maze
The forms, the deadlines, the legal “language”—it can all seem designed to trip you up. That’s why we exist. At Jones Law Firm, our attorneys know the ins-and-outs of Colorado family law, and our team is devoted to taking this heavy legal burden off your shoulders. We’ve seen just about everything—and we’re here to guide you.
Quick Case Study: Turning Change Into Opportunity
Let us share a true-to-life example (names changed, of course):
Sarah, a Denver mom of two, had a near-even custody schedule. When she got a job transfer to Colorado Springs, the weekly exchanges became exhausting for everyone (imagine rush hour on I-25 with tired kids in the backseat!). She talked things through with her ex, but they couldn’t hammer out a new plan together. That’s when Sarah came to us.
We helped her spell out every detail—the benefits of her move, the intangibles (proximity to extended family, better housing), a creative carpool system for the kids, and suggested longer weekends with dad to make up for fewer weeknights. Armed with documentation and a spirit of cooperation, the court granted Sarah’s modification. The result? Her kids were less stressed, her ex got guaranteed quality time, and the family found a new normal. It wasn’t magic—just careful planning and advocacy in action.
Conclusion: Take the Next Step Toward Family Stability
Modifying a child custody order in Colorado can feel daunting at first glance, but with the right preparation—and an advocate genuinely on your side—it can be the best thing for your child’s future.
At Jones Law Firm, we blend experience, strategy, and a human touch that clients remember. As the managing attorney, April D. Jones brings more than 30 years of knowledge to the table, paired with a reputation for genuinely listening to what each family needs. Her leadership and our firm’s client-first philosophy mean that you’ll be treated not just as a case number, but as a person seeking clarity in a tough time.
Thinking about changing your custody or parenting plan? The next step is simple:
Schedule your free, confidential consultation with Jones Law Firm today. Our child custody lawyers will review your situation, give honest legal feedback, and, if you choose to move forward, advocate for your family’s best outcome every step of the way.
Take control of your future. Protect what matters most. We Choose Sides. Yours.
Ready to start? Contact us now or call today to speak with our team. Because when your family’s future is at stake, you deserve guidance you can trust—and a strategy built just for you.
(This article is for informational purposes only and does not establish an attorney-client relationship. For advice tailored to your unique situation, speak directly with our legal team.)
