Common Reasons for Modifying Parenting Plans
Emotions and stress levels tend to run high during family law disputes, and child custody is no exception. As a parent, you want what’s best for your child—but caring for their evolving developmental needs can sometimes require a change in plans. In some cases, modifying an existing parenting plan can be the best decision for both yourself and your child.
Parenting plans are formal court orders that dictate how parents will raise their children after a divorce or separation, such as visitation time and custodial rights. However, no child custody order is set in stone. While it can be intimidating to navigate the legal intricacies of child custody, it’s important to remember that family courts are obligated to prioritize the best interests of the child.
In this blog, we’ll review common reasons to modify your parenting plan in Colorado.
What Are the Grounds to Modify a Parenting Plan?
Navigating child custody modifications can be emotionally draining and legally complex. If you intend to petition for a parenting plan modification, securing sound counsel from an experienced family law attorney is crucial to navigating this process effectively and wisely.
Above all else, the judge is obligated to prioritize the child’s best interests when making child custody decisions. Family courts can consider a wide range of factors to determine whether or not a proposed modification meets this criteria, including the child’s physical, emotional, and educational needs, as well as each co-parent’s parenting ability.
While existing child custody orders are legally binding, this doesn’t mean that modifications aren’t possible. That said, it’s crucial to understand the grounds for parenting plan modifications in Colorado.
Minor Child Custody Modifications
Essentially, parents are allowed to petition for child custody modifications if they can demonstrate that the proposed changes are in the best interests of the child. However, there may be exceptions to this if the proposal seeks to change the majority-time parent (e.g., any parent with equal parenting time).
Major Child Custody Modifications
On the other hand, modifications that propose more major changes, such as a substantial change in parenting time or shifting custody from one co-parent to the other, require more from the petitioning parent.
Under Colorado Revised Statutes (C.R.S.) §14-10-129, the judge will only grant major parenting plan modifications if there is a substantial change in circumstances. To successfully modify the existing court order, the following must apply:
- Both parties agree on the changes.
- The majority residential parent is seeking to relocate with the children.
- The child has been integrated into the moving party’s family with the consent of the other party.
- The child’s present environment endangers their health or significantly impairs emotional development, and the harm likely to be caused by a change of environment supersedes the advantage of change to the child.
Regardless of the reason for the modification, seeking sound counsel from a qualified family lawyer is imperative to support your petition and establish valid grounds for the request. Your attorney can support your claims with compelling evidence to establish a substantial change in circumstances and maximize your chance of obtaining a favorable outcome in family court.
Top 10 Reasons to Modify a Child Custody Order
Families may pursue parenting plan modifications for various purposes. Common reasons to consider a parenting plan modification include:
1. One parent intends to relocate.
When one parent plans to move, especially if it's a considerable distance from their current location, it's critical to address how this change will affect the child's relationship with both parents. Whether the relocation is for a job opportunity, the need for familial support, or a change in lifestyle, moving can significantly disrupt custody arrangements, necessitating parenting plan modifications.
For the proposed relocation to be approved by the court, the petitioning parent must demonstrate how the move serves the child's best interests. This may involve outlining plans for maintaining the child's relationship with the non-moving parent through regular visits, virtual communication, and sharing of parental responsibilities.
The court will likely examine key factors related to the new location, such as educational opportunities, community resources, and the presence of extended family. The ultimate goal is to ensure that the benefits of relocating outweigh potential disruptions to the child's stable environment and relationship with their other co-parent.
2. Adjustments to holiday schedules or vacation arrangements.
In a divorce or legal separation, family courts will often determine child custody arrangements during major holidays or scheduled vacations. For example, the judge may decide to have the child spend Thanksgiving with one co-parent and Christmas with the other. However, plans change—and when they do, a modification may be necessary for parents to swap or adjust holiday arrangements accordingly.
3. The child’s preferences have changed.
If age-appropriate, the child’s personal preferences will be taken into consideration during child custody decisions, including modifications. For example, if the child expresses a desire to live primarily with the other co-parent, this may warrant a parenting plan modification in family court.
4. The child is living in a dangerous environment.
If one parent has sufficient evidence that the other parent is committing abuse or neglect, such as by exposing the child to a dangerous living environment, the court may grant a modification to remove the child from the unsafe premises and prevent further harm.
5. A parent is violating the terms of the current custody order.
If a parent fails to comply with the terms of the existing parenting plan, a modification may be granted to revoke their custodial or visitation rights. Examples include consistently missing scheduled visitation or violating the terms of shared physical custody.
6. A parent’s work schedule or living situation has changed.
As life circumstances change, parents may seek modifications based on their child's evolving needs. For example, if one parent is offered a new job that requires relocation, a modification may be necessary to adjust visitation schedules and other aspects of the parenting plan.
7. One parent is being uncooperative.
In certain cases, co-parents may struggle to cooperate with each other while caring for their child after a divorce or separation. If this becomes an ongoing issue, it can create tension and instability for the child. In such situations, a modification may be necessary to establish new guidelines for communication and cooperation between the co-parents.
8. The child’s medical or educational needs have changed.
As children grow and develop, their medical and educational needs will inevitably change as well. From enrolling in a specialized school program to seeking treatment for a chronic health condition, if any of these changes require a shift in the child’s custody arrangement, a modification may be necessary to ensure their evolving needs are met.
9. One parent is struggling with substance abuse or mental health issues.
If one co-parent is facing challenges with substance abuse or mental health issues that hinder their ability to provide a safe and stable environment for the child, the other parent may seek a modification of the parenting plan to protect the child’s well-being.
10. The existing custody arrangement is causing stress or conflict for the child.
If the current custody arrangement is causing significant stress and conflict for the child, a modification may be necessary to create a more peaceful and stable living environment for them. This pertains to situations where co-parents have ongoing disagreements or are unable to communicate effectively, leading to tension and distress in the child’s life and household.
Representing Couples & Families in the Denver Metro Area
At Moreno Family Law, LLC, our family lawyers are dedicated to providing sound counsel to couples and families in life’s toughest seasons. We understand how personal and stress-inducing family law disputes can be, which is why our firm is here to represent your best interests from start to finish. From domestic violence to uncontested divorce, our compassionate lawyers can guide your steps with wisdom and care while safeguarding your rights in Douglas County.
It can be daunting to navigate child custody decisions, but you don’t have to do this alone. Call (303) 590-3690 to schedule a free consultation.