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How to Modify a Child Custody Agreement

How to Modify a Child Custody Agreement

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.

1, Agreement

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.

3. Relocation

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 free consultation.


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