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EspañolIf an allocation of parental responsibilities order is already in place, how can I get it changed?
If you have an allocation of parental responsibilities order already in place, you can petition the court to change (modify) it. The judge may do so if the modification would serve the best interests of the child.1
Generally, the judge will not change an order that substantially changes the parenting time and changes with which parent the child lives a majority of the time unless all of the following are true:
- There are new facts that have come up since the prior order that the judge did not know about;
- There is a change in the circumstances of the child or the party with whom the child lives the majority of the time; and
- The modification is necessary to serve the best interests of the child.2
Evidence of abuse, a criminal conviction for certain crimes, or domestic violence will most likely be considered a new fact or change in circumstance.3 To read more about Colorado’s modification law, go to our Selected Colorado Statutes page. If you want to relocate with your child, go to What steps do I have to take if I want to relocate?
If you believe that your child is in immediate physical or emotional danger because of the other parent’s contact or parenting time with the child, you may file a motion to restrict his/her parenting time or contact with the child. The judge will hold a hearing to decide your motion within seven days. During those seven days, any parenting time that the other parent has with your child must be supervised by an unrelated third party who has been approved by the judge.4 Note: If the judge finds that your motion to restrict parenting time based on the child being in immediate physical or emotional danger was frivolous, groundless, or intended only to annoy or harm the other parent, the judge will order you to pay the fees and costs of the other parent’s attorney or licensed legal paraprofessional.5
To modify an allocation of parental responsibilities order, you will generally need to go to the court that issued the order, even if you have moved. Generally, once a court has jurisdiction, that court will keep jurisdiction, even if you move to another state. If you have moved, you can ask the court to change the jurisdiction to the new state that you are in. This is often complicated, and as with all allocation of parental responsibilities issues, we recommend that you talk to a lawyer about this. Go to the CO Finding a Lawyer page to find someone who can help you.
1 C.R.S. § 14-10-129(1)(a)(I); see generally C.R.S. § 14-10-129
2 C.R.S. § 14-10-129(2)
3 C.R.S. § 14-10-129(3)
4 C.R.S. § 14-10-129(4)
5 C.R.S. § 14-10-129(5)
What steps do I have to take if I want to relocate?
If according to your current parenting plan, your child lives with you a majority of the time and you want to relocate to a place that would substantially change the geographical ties between the child and the other party, you have to first provide the other party with written notice as soon as possible. The notice must explain:
- your intention to locate;
- the new location where you plan to live;
- the reason for the relocation; and
- a proposed revised parenting time plan.1
Usually, then a hearing would be held where the judge would decide whether or not to allow the relocation based on whether it’s is in the child’s best interests. The judge would consider all relevant factors, including:
- the reasons why you want to relocate with the child;
- the reasons why the opposing party is objecting to the proposed relocation;
- the history and quality of each party’s relationship with the child since any previous parenting time order;
- the educational opportunities for the child at the existing location and at the proposed new location;
- the presence or absence of extended family at the existing location and at the proposed new location;
- any advantages to the child if s/he remains with the party who is the primary caregiver;
- the anticipated impact of the move on the child;
- whether the judge will be able to create a reasonable parenting time schedule if the judge allows the relocation;
- whether a party has committed an act of domestic violence, has engaged in a pattern of domestic violence, has a history of domestic violence, and whether the violence happened before or after the original order was entered;
- the wishes of the child’s parents as to parenting time;
- the wishes of the child if s/he is mature enough to state his/her preference as to the parenting time schedule;
- the interaction and relationship of the child with his/her parents, siblings, and any other person who may significantly affect the child’s best interests;
- the child’s adjustment to his/her home, school, and community;
- the mental and physical health of all people involved;
- the ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party (except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions will not be considered with respect to this factor);
- the past pattern of involvement of the parties with the child, considering the values shown, the time commitment made, etc.;
- how close the parties live to each other as this relates to a practical schedule of parenting time;
- the ability of each party to place the needs of the child ahead of his or her own needs; and
- any other relevant factors bearing on the best interests of the child.2
1 C.R.S. § 14-10-129(1)(a)(II)
2 C.R.S. § 14-10-129(2)(c)
What can I do if the other parent violates the order?
If the other parent violates the order, you can file a motion for contempt. The judge can set the matter down for a hearing or order the parents to go to mediation and report back to the court. The judge can then approve an agreement reached by the parents or hold a hearing.1
Upon completing the hearing, if the judge finds that a parent has violated the court order, the judge should do one or more of the following:
- make additional terms and conditions that are consistent with the prior order;
- change the previous order to meet the best interests of the child;
- require either or both parents to attend a parental education program to be paid for by the parent who violated the order;
- require the parties to participate in family counseling to be paid for by the parent who violated the order;
- require the parent who violated the order to place money with the court (post a bond) to ensure that s/he will follow the order in the future;
- require that makeup parenting time be provided to the parent who was denied time at a time that works for him/her;
- hold the parent who did not follow the parenting time schedule in contempt of court and order a jail sentence or a fine of up to $100 per incident of denied parenting time;
- schedule a hearing for modification of the existing order concerning custody or the allocation of parental responsibilities; or
- anything else that is in the best interests of the child.2
Also, if the judge determines that a parent did violate the order, s/he will have to pay the other party’s attorney’s fees or licensed legal paraprofessional’s fees, court costs, and expenses that are associated with bringing the contempt motion. If the parent accused of violating the order is found by the judge to have not violated the other, the parent who filed may have to pay those same fees of the accused parent.3
1 C.R.S. § 14-10-129.5(1)
2 C.R.S. § 14-10-129.5(2)
3 C.R.S. § 14-10-129.5(4)
If I move to a new state, can I transfer my child custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
