How Can I Change Parenting Time?

Life situations change and sometimes it is necessary to change parenting arrangements accordingly. Children age and parental situations may change as well. As with any matter involving children, it is best if parents can reach an agreement that will work best for the family. However, if not then the Court can decide whether a change should occur and what it should be.

There are two different standards generally for modifying parenting time. One standard is the best interests of the child and the other is endangerment. If you would like to change the primary residential parent, then generally you will have to prove endangerment. This is not the case however in a relocation situation, where the primary residential parent can be changed based on the best interests of the child. Courts like to ensure that changes in parenting time are related to the child and not to parental disputes. This is why there are standards that apply to the frequency and nature of parenting time changes.

Where the child is in imminent danger due to parental behavior, a Motion to Restrict Parenting Time may be filed and if the Court determines that adequate grounds have been stated it will hold an expedited hearing within 14 days. During that time the parent alleged to be endangering the child will not have contact with the child unless supervised parenting time can be arranged.

One common reason to change a parenting arrangement is that one parent intends to relocate to another state or even to another place in the same state. Distance can impact the viability of frequent parenting time, particularly for school-age children. Also, if one parent has become unable to sufficiently care for the child, then a parenting time change will be necessary.

The best scenario is that parents agree to a change and file a stipulation with the Court. If parents do not agree then either can file a Motion To Modify Parenting Time with the Court. You will file in the county where the initial order was issued. If both parents have relocated since that time, then a party can request a change in venue, meaning a change in district court. You will likely have to attend mediation in the parenting change process if you have not reached an agreement between yourselves.

An attorney can guide you through Colorado Springs parenting modifications by handling pleading and motion preparation and filing, negotiation, mediation, and court proceedings from start to finish. This allows you to focus on moving forward to a better future rather than on trying to figure out how the overly complex court system works.

Colorado Springs Divorce and family law matters are difficult to navigate alone. The court system is more complex than it should be. Remember that change often creates new opportunity and a better future. Janko Family Law Solutions can help ensure that your best interests are protected. Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.