Denver Child Custody Modification Attorneys
At Plog & Stein, P.C., a significant part of our Colorado family law practice relates to modifications of custody and visitation orders (collectively, the parenting plan). The statutory standard for each issue differs, and it’s important for your Denver child custody modification attorneys to understand the distinctions.
Though your Colorado divorce or custody case may be concluded in an initial sense, the court retains jurisdiction over the children in terms of custody and parenting time until they are 18 years of age. Things change as kids get older, and fortunately, Colorado statute acknowledges that visitation and custody needs may not always stay constant.
Need Help with Visitation Modifications? Our Attorneys Can Help!
There are several ways to change court orders regarding parental responsibilities and rights, and we can see you through any change. A parenting plan modifications lawyer from Plog & Stein, P.C., can help you modify either parent’s time with your child, and we can help you change either parent’s right to make decisions for your child. Read on below to see when these changes might come up.
Modification of Parenting Time (Visitation or Physical Custody)
Visitation or “parenting time” modifications are generally governed by C.R.S. 14-10-129. Modifications of visitation do not necessarily require a “change in circumstances,” as with child support. The statutory standard for changing parenting time is generally a “best interest” standard, meaning that the court can make changes it deems to be in the best interest of the children. To change actual residential custody of a child, the standard is generally an “endangerment” standard, whether physical or emotional. Of course, as kids reach 15 or 16, courts will be much more inclined to put a greater weight on their wishes regarding modifications of visitation. Modifications to visitation or custody occur up to the time a child turns 18.
Visitation modifications are generally sought based on the following reasons:
- Kids getting older;
- Changes kids’ wishes as they relate to time with the parents;
- Changes in circumstances or relationships of the parents;
- Instances when one parent or the other wants more time with the children; or
- The current schedule is just not working, whether due to logistics or to problems with one parent or the other, such as substance use, mental health issues, or other environmental issues that become problematic for the kids
We can help you increase or decrease a parenting time order based on one of the above-listed factors or for any other relevant reason.
Modification of Legal Custody (Parental Responsibilities Regarding the Making of Major Decisions)
In addition to changed circumstances warranting a modification of parenting time, situations arise in which one party or the other may need to modify orders regarding the making of major decisions for the children. The experienced child custody modification attorneys at the Denver family law firm of Plog & Stein, P.C., regularly handle cases involving modifications of legal custody and are keenly aware of the legal standard necessary to change orders regarding such.
Joint legal custody is typically the standard
In the vast majority of cases, the parties share joint decision-making. This entails an order indicating that the parties will make major decisions jointly regarding medical, educational, and general welfare issues for the children. Courts prefer that both parents be involved and that neither has a greater say. However, the law recognizes that circumstances can change and may affect the ability to get the job done jointly when it comes to managing the needs of your children.
Standards for modifying legal custody
Modifying decision-making entails a different standard from visitation modifications. The court cannot modify decision-making responsibilities unless there has been a change in circumstances, and a modification would be in the best interests of the child.
Keep in mind that a court can change decision making for one issue, such as school, while keeping things in place regarding another, such as medical. Specifically, C.R.S. 14-10-131 sets forth factors that can lead to a modification of decision-making, including:
- The parties agree to change decision-making, whether from sole to joint or joint to sole;
- The continuation of the current decision-making orders poses a physical danger to the child or subjects the child to significant emotional impairment affecting development;
- One party has abandoned or acquiesced his or her decision-making authority; and
- A change in parenting time has occurred and warrants a change in decision-making;
The dedicated Denver child custody modification lawyers at Plog & Stein, P.C., understand these legal standards and how they can factually be met or refuted depending on the circumstances.
Colorado courts recognize that decisions need to be made for the children and that when breakdowns occur, due to an inability to agree, something has to be done. Likewise, courts understand that sometimes people abuse their sole decision-making authority in a manner detrimental to the kids. The key to dealing with a modification of legal custody is understanding where the client stands and how the facts of their case tie into the legal standards. Our attorneys do just that while also using their insights as to how they believe a specific court or judge might rule.
How Does the Modification Process Work?
Once you know that it’s time to change an order for parenting time or decision-making, you might want to talk to your child’s other parent first and then file a motion for modification in court. Speaking to the other parent can be an important move if you believe that you can agree on the terms of a modification. If you know you and the other parent cannot agree on a modification, you can go straight to filing a motion to modify with the court.
You must file your modification case in the court that presides over your current order and have the motion to modify mailed to the other parent. And if you and the other parent agree to the change, you must file a stipulation that outlines the terms of the new arrangement and why you want them.
Whether you and the other parent agree on all modification terms or not, consulting a parenting plan modifications lawyer can be vital to your case. A decision-making or child custody modification lawyer from Plog & Stein, P.C., can identify the best arguments and evidence to support your need for a change. We can also help you draft a modification agreement that covers the necessary elements for a beneficial change.
How Long Does It Typically Take to Modify a Parenting Plan?
A parenting plan modification can typically take a month or longer. And a modification is likely to take longer than a month if the other parent objects to your motion. Ultimately, the length of your modification of parenting rights case depends on the specific facts of your case. A decision-making or child custody modification attorney from our firm can reduce the time that you must spend in court. Our lawyers can do this by helping you negotiate an agreement with the other parent or presenting the most effective evidence and arguments to support your motion.
Can I Modify My Parenting Plan Without Going to Court?
Yes. After filing your motion to modify and all supporting documents, the court can decide to do one of the following:
- Schedule a hearing for each parent to argue their position,
- Order the parents to attend mediation, or
- Issue an order regarding the modification request based on the documents the parties submitted.
You are more likely to receive a modification of your parenting plan without a hearing if you and the other parent agree on the terms of modification. You can speak to a family law order modification lawyer from Plog & Stein, P.C., about the best ways to avoid court time in your case.
For Step-By-Step Guidance Regarding Custody and Visitation Modifications, Seek the Help of Plog & Stein, P.C.!
Our firm handles all types of modifications and keeps abreast of legal standards related to such. Let the child custody modification lawyers at our Denver firm assist you in either filing your modification or defending against one filed by the other party. Our goal is to get you through the modification process, whether child support, custody, parenting time, or alimony, in an effective and efficient manner.
For the professional services merited by your modification case, please turn to our Denver family law lawyers for legal assistance.
