In Colorado, parenting time—referred to as child custody in other states—is typically determined after paternity is established or at the time of a legal separation or divorce. However, there may be circumstances when either parent wishes to adjust the agreement about parenting time.
Although this modification can be done independently of legal counsel, involving a family law attorney adept at this kind of modification to the agreement can help both parties substantially. Not only can you better know what a judge might need in order to approve a modification of parenting time, but your attorney can advise you on the types of scenarios they have been involved with when working with families similar to yours on similar modifications.
The Colorado Springs family law attorneys at The Gasper Law Group understand that parenting time is essential for the well-being of the child(ren) and work to ensure an outcome is reached that will work for the family unit as a whole.
Modifying Child Custody in Colorado
The purpose of the change in parenting time is typically what drives one or both parents to seek a modification. Some reasons may include:
- A parent is moving;
- The child is getting older and may have different needs or wishes than they had previously;
- Parent or parents were active-duty military and are now retired, so are more available for parenting time.
Like many situations regarding family law, every case is unique, so nothing is particularly common with regard to modifications from family to family. For instance, if one of the parents is a first responder or in the military, as is the case for many people in Colorado, it may be difficult for that person to be the primary parent.
That reality might change if that parent remarries or changes careers. And although there may be many emotions related to parenting time, the courts and parents must agree to do what is best for the child(ren) and family situation.
When modifying parenting time, the parents need to think about a plan typical for people in their position, e.g. factoring in geography, work schedules, children’s ages, etc. to reach an agreement. If parental relocation is a factor, however, a whole other set of statutory factors must be considered.
How Our Modification Attorneys Can Help
Parenting time modifications have different legal standards you have to meet and very specific things the court has to consider. An attorney is helpful when modifying a parenting time agreement in that he or she can help in figuring out what types of evidence the judge might find persuasive.
An attorney may have certain defined things to look for to justify the change in parenting time. In some instances, the parent requesting a modification may need a high standard or more moderate standard, but the modification is not simply an automatic approval.
If you have questions about modifying parenting time in Colorado (often referred to as a child custody modification), The Gasper Law Group can help.