Your Legal Questions Answered

Under Colorado law, the situation you're facing with your ex regarding the transportation for your daughter's sports activities and the need to update the parenting plan to accommodate her new school and extracurricular schedule is nuanced. Given the details provided and considering Colorado's legal stance on parenting time and modifications thereof, here are a few things to consider.

First, without a formal court order, any verbal agreement or adjustment to the parenting plan that you and your ex might come to is not legally binding in and of itself. This means if your ex refuses to participate in the revised arrangement for your daughter's transportation from sports, you have limited recourse outside of seeking a legal modification to your parenting plan.

As you may know, the court will use "best interest of the child" legal standard in these situations. Your argument for modification should therefore focus on how the inclusion of sports and the need for transportation align with your daughter's best interests, including her physical, emotional, social development, and the continuity of her education and extracurricular activities.

Regarding the school change and related transportation issues, the decisions are again centered around the child's best interests. Factors such as the quality of education, the child's adjustment and integration into the new school environment, and how the change impacts her daily life and development are critical. In situations where parents cannot agree on school choice or related changes, court intervention might become necessary. The court will consider a range of factors, including the child's community involvement, opportunities at the new location, and the capacity of each parent to support the child's relationship with the other parent, especially under new logistical challenges.

Colorado Revised Statutes (C.R.S.) 14-10-129 states that the court can modify an order granting or denying parenting time if it serves the child's best interest. Given your current disagreement and the outdated parenting plan, it seems a court modification might be necessary. Though you mentioned a concern about the timing since the last modification, the key factor is not the elapsed time but rather the significance of the change in circumstances and its impact on the child's best interests. The law does not specifically limit modifications to a certain timeframe if the request is justifiably in the child's best interest. I would suggest you speak with a licensed Colorado attorney before you take action, or refrain from taking action, as soon as possible. Do not let the time period of 1.3 years from your recent modification prevent you from speaking with a Colorado attorney to discuss your situation. Instead, given your concern regarding the timeframe, it is critical that you speak with an attorney as soon as possible, so you can get advice specific to your situation.

In summary, your options include attempting to negotiate a mutual agreement with your ex, possibly with the help of mediation services to minimize conflict and costs. If an agreement cannot be reached, you may need to petition the court for a modification of the parenting plan, focusing on how the changes align with your daughter's best interests. Given the complexities involved and the potential for significant impact on your daughter's life, consulting with a family law attorney experienced in Colorado's legal framework regarding parenting time and school-related decisions would be a prudent step.

For more information read our articles and watch our videos When Can I Modify Parenting Time? and Learn About Parenting Time in Colorado. If you would like to speak with a family law attorney at Robinson & Henry please call us at (303) 688-0944.