A child custody agreement is usually a final decree, but things come up,
and so luckily there are ways to modify parenting plans or visitation
schedules under certain circumstances. In Colorado, you can change a child
custody agreement in one of three ways: (1) agreement, (2) motion to the
court for modification and (3) relocation. Below we’ll breakdown
all three methods.
The cheapest (and sometimes easiest) way to modify a child custody agreement
is to negotiate and come to an agreement with the other parent of the
child. School schedule changes, a new job, or simply a child’s request
are all reasons to agree to a change without bringing in the courts. However,
this requires a couple to agree to terms and draw up a stipulation, which
can’t always be worked out, especially with couples that are not
on speaking terms.
2. Motion to the Court for Modification
If an agreement cannot be met, you can motion for a modification. The court
will need a good and valid reason for the change and they will look at
factors such as what is in the child’s best interest and their relationship
with each parent. However, once you do file a motion to modify, you have
to wait 2 years on filing another one, so be sure that it’s in your
best interest as well.
Finally, you can modify an existing child custody agreement if you plan
on relocating far away from where your child and other parent lives. You
have to provide a written notice of the intent to relocate, the location
where you intend to reside, the reason for the move and the proposed revised
parenting plan. Again, the courts will look at what is in the child’s
best interest, as well as dozens of other factors.
If you want to modify a child custody agreement, contact our
Colorado Springs family lawyers at Clawson & Clawson, LLP today. Call (719) 602-5888 to schedule a