Modifying Custody & Parenting Time in Colorado
The parenting plan created when you and your child’s other parent parted ways may have worked for years. But as life evolves—new jobs, a move, a shift in co-parenting—a change to a custody agreement may be needed to reflect your family's current needs. Colorado law acknowledges that post-decree adjustments can be necessary, but securing a parenting time modification in Colorado involves meeting complex legal standards. An experienced family law attorney ensures the process is handled correctly.
Changing Parenting Time and Custody: Key Takeaways
Formal Court Approval is Required - "Handshake" or informal agreements between parents have no legal standing in court.
Legal Standards Depend on the Requested Change - Modifying parenting time generally requires showing a substantial change in circumstances in the child's best interests, whereas changing decision-making authority requires meeting higher statutory factors.
Out-of-State Relocation Mandates Formal Procedures - A parent cannot move a child out of state without the other parent's written consent or court authorization, after providing detailed written notice and a proposed revised parenting plan.
Emergency Safety Protocols Exist - If a child faces imminent physical or emotional danger, Colorado law permits an expedited motion to restrict parenting time immediately, bypassing standard timelines to ensure safety.
What is a Post-Divorce Modification in Colorado?
Simply put, a modification is a formal change to the divorce decree. In Colorado, child custody is legally referred to as the allocation of parental responsibilities (APR). An APR order establishes:
which parent the child primarily lives with
whether decision-making is sole or joint
the exact number of overnights spent with each parent
Colorado child custody matters begin with the presumption that equal decision-making and frequent contact with both parents best serve the child. While courts aim to preserve that balance, practical realities and other factors may necessitate other arrangements. In every situation — including post-divorce adjustments — the court's sole deciding factor is what is in the best interests of the child. C.R.S. 14-10-124
Modifying Parenting Time Schedules
You can file a request for modifying parenting time in Colorado when circumstances have changed substantially. Common scenarios that justify modifying a schedule include:
Life and Scheduling Changes: Modifying parenting time due to a job change, new relationship, or changes in a maturing child’s school and emotional needs.
Co-Parenting Breakdown: A persistent inability to communicate and make joint decisions related to the child’s well-being
Safety and Welfare Concerns: A parent’s use and/or abuse of substances that threatens the child’s safety
Severe “Parental Alienation” or “Gatekeeping”: Ongoing attempts by one parent to undermine the child’s relationship with the other parent or restricting the access of that parent to the child
Whether a modification increases or decreases a parent’s time or custody, it must be officially approved by the court. There is no legal standing for “handshake” agreements reached only between the parents.
Learn more about modifying parenting time in our FAQ section at the bottom of the page. |
Modifying Decision-Making Authority (Custody)
Colorado domestic law no longer uses terms like “joint custody” or “visitation.” Instead, legal custody is broken down into parenting time and parental responsibility, the latter of which includes decision-making authority.
As you know, decision-making authority encompasses major life choices for the child, including:
where the child goes to school
religious upbringing
medical treatment and healthcare providers
extracurricular activities
Day-to-day decisions — meals, bedtime, minor discipline — are made by the parent the child is staying or living with at the time. Courts will not adjust decision-making authority for minor or temporary issues.
Why Decision-Making Authority is Tough to Change
In Colorado, courts prefer that both parents remain active and involved in their children’s lives, which is why parental responsibility is frequently awarded jointly. However, if the court awarded a parent sole decision-making authority, changing it requires meeting a higher legal standard. C.R.S. 14-10-129 (2)
If a parent wants to change decision-making authority, they must go beyond showing it’s in the child’s best interests, such as proving any of the following:
the child has been integrated into the non-decision-making parent’s family with the other parent’s consent
the primary or decision-making parent plans to move away with the child
there has been a significant modification to the existing parenting time by the court
the child’s current environment harms their physical or emotional health
Without strong evidence for any of these points, the existing parenting plan and orders will likely remain in place.
Moving Out of State or Relocating with a Child
Colorado courts do not have the authority to restrict a parent’s freedom to move. However, they can weigh in on whether one parent can alter their child’s geographic ties to the other parent.
Anyone considering relocating with their child after divorce in Colorado cannot move the child away from the other parent without the other parent’s written consent or formal authorization from a judge. (This article assumes the other parent has parenting time and decision-making authority.)
If you are weighing an out-of-state move with your child, Colorado law — C.R.S. 14-10-129 (1) (a) (II) — requires that you provide the other parent written notice containing the following information as soon as practicable:
the intent to move,
the location of the proposed new home,
the reason for the move, and
a detailed proposal for a revised parenting plan.
What if the Other Parent Objects to Relocation?
If parents cannot agree, the relocating parent must file a formal motion for relocation. The motion should give reasons why the move would benefit the child. For example, the new location might offer better schools or stronger family support.
You must also propose a new parenting plan and attach a proposed court order. If the move will affect child support, that can be addressed and resolved in the same court proceeding.
The court has the final say in whether one parent may relocate with the child or children. The judge evaluates the move based on nine factors under C.R.S. 14-10-129 (2) (c), in addition to the best interest factors under C.R.S. 14-10-124:
why the parent wants to relocate with the child
why the opposing party objects to the relocation
the history and quality of each parent’s relationship with the child
educational opportunities for the child at the current location vs. the new location
extended family in both locations
advantages of the child remaining with the primary caregiver
the expected impact of the move on the child
whether a reasonable long-distance parenting time schedule can be created
any mental or physical risks to the child
High-Conflict Modifications & Protecting Your Child’s Safety
Not all modifications are about job changes or a child’s preferences as they grow older. When a child’s safety is at risk, Colorado law allows for a faster option to restrict parenting time.
The endangerment standard in Colorado child custody cases allows courts to bypass the usual best interests process. Courts can grant an emergency modification of parenting time in Colorado if a child is in imminent physical, mental, and/or emotional danger.
If you believe your child is in immediate danger, taking swift legal action under Colorado's emergency restriction statutes is critical to securing an expedited court review.
To find out more about how to restrict parenting time in Colorado, read our article on Emergency Motions to Restrict Parenting Time in Colorado. |
Consult an Experienced Colorado Family Law Attorney
Modifying parenting plans and custody requires navigating strict statutory rules. Partnering with a skilled Colorado family law attorney ensures your petition is:
properly drafted,
supported by clear evidence, and
presented effectively to the court.
Let our Family Law Team help you maximize your chances of a successful outcome. Schedule a consultation online or call 303-688-0944 to find a convenient time for you.
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, additional requirements must be met before the court will even consider whether the requested change may proceed.
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. 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.
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.
With multiple offices in Colorado Springs, our child custody modification attorneys are equipped to help military parents modify custody schedules.
Learn how we helped a deployed father assert his parental rights in the article Navigating a Custody Enforcement: How One Military Dad Found the Support He Needed.
You cannot unilaterally decide to move out of state with your children. You can’t change the other parent’s parenting time without obtaining permission from the court or the other party's agreement.
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 remain in place at a hearing to be held 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 paying the other party’s attorney fees and court costs.