Modifying Your Custody Agreement

How Do Child Custody Modifications Work?

Child custody modifications are a category of post-decree modifications. Motions to modify custody must be intended to benefit the child primarily, but they need to be justified by demonstrating circumstances changing. Motions to modify custody can include a plea to establish, widen, refute, or limit parental custody. The Harris Law Firm, as one of Colorado’s largest family law firms, we have 250 years of combined experience handling all matters pertaining to child custody, including modifications after an initial agreement is signed.

In a motion to modify child custody, the court’s chief and primary concern is the child’s welfare. To that end, they may assign a Guardian Ad Litem to the child to act as their legal voice. The Guardian Ad Litem may interview the child (or children), as well as the parents and any other relevant parties.

The court will rule in favor based on criteria pertaining to the child’s interests, including:

• Nutritional needs
• Physical/educational needs, including shelter
• Emotional well-being, including the local community

What is a Significant Change in Circumstance?

A significant change in circumstance refers to a substantial and material alteration in the conditions or situation of one or both parents, or the child, that affects the original child custody arrangement. In Colorado, a court will only modify a child custody order if the change is in the child's best interest and the circumstances since the original order have materially changed. This means that the change must be important enough to justify a reassessment of the current parenting plan.

Common examples of significant changes in circumstances for child custody modification in Colorado include:

• Relocation of a parent: If one parent plans to move a significant distance away, especially out of state or far enough that it disrupts the current parenting time schedule, this could warrant a modification.
• Change in child’s needs: If the child's physical, emotional, or educational needs have changed—such as requiring specialized medical care, changing schools, or behavioral issues—this might justify a custody change.
• Job loss or significant change in work schedule: A parent’s new job or financial hardship may impact their ability to adhere to the original custody agreement.
• New marriage or relationship: If a parent remarries or enters into a relationship that positively or negatively affects the child's environment, this can be considered.
• Substance abuse or mental health issues: If one parent develops substance abuse issues or a mental health condition that impacts their ability to care for the child, the custody agreement may be revisited.
• Incarceration of a parent: If a parent is incarcerated or convicted of a serious crime, this may lead to a modification of the order.
• Parental alienation: If one parent is actively trying to alienate the child from the other parent, such behavior can be grounds for modifying the custody arrangement.
• Domestic violence: If domestic violence occurs in the household of one parent, particularly if it affects the safety or well-being of the child, it can be a significant factor in modifying custody.
• Neglect or abuse: If there is evidence that the child is being neglected or abused by one parent, custody can be altered to protect the child.
• Mature child’s preference: If the child is of sufficient age and maturity (typically over 14 years old), the court may take their custody preference into account, but only if it aligns with their best interest.

In Colorado, the parent seeking a modification must prove that the change in circumstances is substantial and ongoing, not temporary. Additionally, the court prioritizes the child’s best interests above all else when deciding whether to modify custody orders.

The Firm that Protects Your Kids

The Harris Law Firm can help craft child custody agreements that are wholly devoted to the well-being of the child and the family unit. Our legal team includes award-winning Guardian Ad Litems, who are experienced at understanding the needs of children and the requirements of Colorado courts.

Because our focus is on the welfare of children in a modification hearing, our goals often align with the courts, allowing us to provide effective, powerful solutions for families. We ask the right questions in order to ensure children are the prime focus of any child custody agreement. If you have any questions about child custody modification, contact our firm so we can answer your questions at no cost to you.

If you need to protect your children by changing your custody agreement, our attorneys can aggressively defend their rights. Call The Harris Law Firm at (303) 622-5502 today.

Recommended Reading

• Modifying Child Support
• Modifying Visitation Agreements