Motion to Modify Parenting Time in Colorado: Legal Insights
Many of our family law clients are parents who want to file a motion to modify parenting time. Colorado law allows parenting plans to be modified under certain circumstances if it’s in the children’s best interests. You probably have plenty of questions if you’re thinking about changing your custody agreement. Below are answers to some of the common questions I receive about filing a motion to modify parenting time in Colorado.
The process for filing a motion to modify parenting time in Colorado is governed by specific statutes and case law. Generally, the court may modify an order regarding parenting time whenever the modification would be in the best interest of the minor child. However, there are additional requirements that must be meat before the court will even consider if the requested change will move forward.
The party seeking the modification must submit an affidavit to the court. If the court finds adequate cause established in the affidavit, a date will be set for a hearing. In order to get on the hearing schedule, you must demonstrate in your affidavit evidence of:
A change in circumstances since the last parenting time order
The requested modification serves the best interest of the child
Essentially you must demonstrate that a change has occurred and that modification is necessary to serve the best interests of the child. C.R.S. 14-10-129
In Colorado, you can respond to a motion to modify parenting time in one of two ways: By agreeing to the modification or by contesting the modification.
Agreeing to the Modification
Once you’ve reached a suitable arrangement with the other parent, you both must sign a written agreement that’s submitted to the courts to ensure its enforceability.
Contesting the Modification
If you disagree with the modification, you should file a response detailing your opposition to the request. Once the response is filed and your resistance is noted, the court will set a date for a contested hearing, where both parties can make their case before a judge. Note that contested modification matters can get pretty complicated. In my experience, even when parents agree to modify the original agreement, they still may not agree on every aspect of the proposed change.
You can, but you shouldn’t modify the agreement without formalizing the new terms in your case. If it is an agreement, file it! While you and the other parent may mutually agree to modify parenting time, the other parent is under no legal obligation to honor the changes since the court didn’t order them. Moreover, the court has a lot of discretion when it comes to enforcing a verbal agreement.
Colorado law provides specific parenting time exceptions for deployed military parents.
Military parents receive certain parental rights protections through the Servicemembers’ Civil Relief Act (SCRA) and the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). The SCRA enables deployed military parents to ask the family law court for a “stay” in any proceedings involving parental rights. Meanwhile, the UDPCVA applies to temporary parenting plans that involve time orders that revert back to the original parenting plan once the servicemember returns from active duty.
You cannot unilaterally decide to move out of state with your children. You cannot relocate or change the geographical ties to the other parent’s parenting time without obtaining permission from the court or the agreement of the other party. Relocation can be tricky, especially if the other parent fights the move. If that’s the case, the party wishing to relocate with the children must be able to show the court that the relocation will benefit the children, not just the parent. The court will also consider the reason for the move and how the move will affect the other parent’s parenting time. C.R.S. 14-10-129
Colorado law allows courts to restrict parenting time in emergencies. However, courts only consider motions to restrict parenting time if the child is in imminent danger of physical or emotional harm. Once the court receives a motion to restrict parenting time, the parent facing the restriction can only see the child during supervised visits with “an unrelated third party deemed suitable by the court or by a licensed mental health professional.” C.R.S. 14-10-129(4)
The court will decide whether the restriction will stay in place during a hearing that must be taken within 14 days of the motion’s filing. Courts take motions to restrict parenting time seriously. Parents who file baseless claims are likely to lose credibility with the court and risk having to pay the other party’s attorney fees and court costs.
