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Can Child Custody Be Modified After Divorce?

As years pass, circumstances change and children grow older, and there may come a time when you need to adjust your original child custody agreement. Change is inevitable; fortunately, courts recognize this and allow post-decree modifications. If you are seeking to request a modification, the information below will help you navigate the process better.

Reasons for Modifying a Child Custody Agreement

According to C.R.S. 14-10-129, parental responsibility is modifiable if one of the following standards are met:

1. Both parties agree to the modifications;

2. The child has been integrated into the family of the parent filing with the consent of the other parent;

3. The majority residential parent is seeking to relocate with the children; or

4. The current agreement endangers the child’s physical health or significantly impairs the child’s emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.

Some of the most common reasons why parental responsibilities are modified include:

  • The child is in danger: The parent will have to show that the risks of emotional impairment or physical danger if the existing custody arrangements continue.
  • A parent is seeking to relocate: If one party is deciding to relocate to a place that affects the current agreement, they may request a modification. The courts will consider the reasoning for relocating, how it will affect the child by the change, and more.
  • One parent is violating the current agreement: If one parent is not cooperating, a change may be necessary so that a plan can be enforced.

2-Year Filing Limitation

Colorado law states that parents may only request changes to parenting time and child custody after two years have passed since filing for a similar motion, regardless of the prior motion’s outcome.

Child custody laws are complex but often require immediate action. For this reason, it’s crucial that you contact a lawyer to guide you through the process. At Law Office of Alexandra White, PC, our team of experienced post-decree modification lawyers are here to help our clients understand what their options are.

To talk to our Colorado child custody attorney, contact us at (303) 647-4245 and schedule your virtual consultation.

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