Life changes fast, and sometimes what worked for your family’s visitation schedule last year doesn’t work anymore.
At Jones Law Firm, PC, we know how quickly life can change, and when it does, so do your family’s needs. What might have worked for your visitation schedule a year ago could be a different story today. With over 30 years of experience handling family law cases across Colorado, our Denver Family Law Attorneys have successfully helped families modify their child visitation arrangements.
Let’s walk through the valid reasons for modifying child visitation and how the process works.
Understanding Colorado Law and the “Best Interests of the Child”
When it comes to modifying visitation in Colorado, the law focuses on one thing above all else: the child’s best interests. This principle is key in every decision related to parenting time.
Colorado law (C.R.S. 14-10-129) provides the framework for modifying parenting time, but every case is unique, the court’s priority is making sure any changes support your child’s well-being, stability, and development.
Parenting Time
In Colorado, “parenting time” refers to the amount of time a child spends with each parent. It’s a crucial part of any child custody order. When parents separate or divorce, the court establishes a schedule that determines when each parent will spend time with the child.
As life changes, sometimes these schedules no longer work, which is when a modification might be needed.
Best Interests Standard
The most important thing to know about modifying parenting time in Colorado is that courts always consider the child’s best interests.
This means the court looks at several things to decide what’s best for your child, including the child’s emotional and physical well-being, their relationship with both parents and the stability of their environment. It’s all about what helps the child thrive.
Factors Considered
Courts look at several things when determining whether a modification is necessary, including:
- The child’s physical and emotional development
- The strength of the child’s relationship with each parent
- Each parent’s ability to provide a stable home
- The child’s own preferences (especially as they get older)
- Any history of domestic violence or abuse
- The mental and physical health of each parent
Valid Reasons for Modification
So, what counts as a valid reason to change a visitation order? Here are some common reasons the court might agree to change a visitation schedule.
Relocation of a Parent
If one parent moves far away, the current schedule might not work anymore. The court will adjust things to make sure the child can still see both parents regularly.
The goal is to maintain meaningful contact with both parents, even if that means adjusting the visitation schedule to make travel feasible.
Changes in a Parent’s Work Schedule
Life happens, and sometimes a parent’s job changes in a way that makes the current visitation schedule unworkable. Whether it’s new hours, a different shift, or added responsibilities, a change in a parent’s work schedule can warrant a modification.
Child’s Changing Needs
As children grow, their needs change too. A young child might need more time at home to focus on school, or a teenager might be involved in extracurricular activities that make the old visitation schedule impractical.
When a child’s educational, medical, or extracurricular needs evolve, it can be a valid reason for modifying the visitation order.
A Parent’s Ability to Care for the Child
There are times when a parent’s ability to care for their child comes into question, and this can be a valid reason to seek modification.
Endangerment
If a parent’s home or behavior is unsafe for the child, the court can step in and change the visitation schedule. The child’s safety always comes first.
Abuse or Neglect
In cases where there’s evidence of abuse or neglect, the court may order supervised visitation or limited parenting time. The safety and well-being of the child are the highest priorities in these situations.
Substance Abuse or Mental Health Issues
If a parent struggles with substance abuse or mental health problems, it can affect their ability to care for the child.
In such cases, the court may adjust the visitation schedule to ensure the child’s needs are met and that their safety is not compromised.
Violation of Existing Order
If one parent consistently violates the terms of the existing visitation order, it can be grounds for modification.
Whether it’s failing to show up for scheduled visits or not following agreed-upon rules, violations can lead to changes in the visitation arrangement.
The Modification Process in Colorado
Now that we’ve covered the valid reasons for modification, let’s talk about the process itself.
Initial Steps
To modify a visitation order, a parent must file a Motion to Modify Parenting Time (JDF 1406) with the court.
Once filed, the other parent must be properly served with notice of the motion. This is the formal way of letting the other parent know that changes are being requested.
Court Proceedings
Once the motion is filed, the court will schedule a hearing. At the hearing, both parents have the opportunity to present evidence to support their positions.
Evidence can include documents, testimony, or witnesses that demonstrate why a modification is in the child’s best interests.
Restricting Parenting Time
In more serious cases, where a child’s physical or emotional health is at risk, the court can restrict a parent’s time.
If there’s evidence of imminent danger, the court may hold an expedited hearing within 14 days to address the issue.
Two-Year Restriction
In Colorado, there’s a two-year waiting period for major modifications that would change the child’s primary residence unless there are exceptional circumstances.
This means that if you’re seeking to change where the child lives primarily, you generally need to wait two years after the initial custody order.
However, if there’s a significant reason—such as the child being in danger—the court may make an exception to this rule. It’s always best to discuss your situation with an attorney to understand how this waiting period might affect your case.
Collaborative Options
Whenever possible, it’s often best for parents to work together on these modifications.
If both parents agree on the changes, they can submit a stipulated modification to the court. This can be a smoother and less stressful way to handle things, and the court is likely to approve the agreement if it’s in the child’s best interests.
Sometimes, reaching an agreement isn’t easy. In these cases, mediation can help. A mediator can work with both parents to find common ground and create a visitation plan that works for everyone. Mediation is often quicker and less adversarial than going to court.
Responding to a Motion to Modify
When you’re served with a motion to modify child visitation, it’s essential to act quickly and thoughtfully. The court sets deadlines for responding to these motions, and failing to meet them could result in the other parent’s request being granted by default.
You should reach out to a family law attorney immediately to ensure your rights are protected and that you can present a strong case. An attorney will help you understand the legal implications of the motion and guide you through each step of the process.
Once you’ve responded to the motion, the next critical step is gathering evidence. The parent seeking modification will have made specific claims as to why the current visitation schedule should be changed.
It’s your job to counter these claims if you believe the existing arrangement works best for your child.
Evidence can include a variety of sources—such as witness testimonies, school records, medical reports, or even text messages—that demonstrate why the modification isn’t in the best interests of your child or show how the current arrangement has been functioning well.
Need to Modify your Child’s Visitation Schedule in Colorado?
Don’t handle this alone. Our team at Jones Law Firm, PC, will guide you through your options, protect your rights, and ensure the best outcome for your family. Reach out to us today at 720-513-5983 for a consultation and to discuss the next steps.