If, during your divorce, you and your spouse cannot agree on child custody, then a judge will help to work out a fair and equitable division of parenting time between the divorcing parties. Of course, it’s always best if you and your ex-spouse can agree on the division of parenting time during the divorce. If you can do that Daugherty Law offers a low-cost child custody package that can be completed with minimal cost and anguish.
If the divorcing parties cannot agree on parenting time and child custody among themselves, then a judge will intervene and help to set parenting time.
Over time there may be a need to modify the parenting time agreement. Modification of parenting time is possible and courts in Colorado can help with the process.
Modification Of Parenting Time – Many Reasons
There are many reasons why a person would like modification of parenting time. Here are just a few;
The Child’s Schedule Might Have Changed
The child’s schedule might have changed. As children grow and move through the school system they can be involved in many extra-curricular activities. These new activities might impact existing parenting time agreements.
A Parent Might Have Moved Away
A parent might have moved from the area and no longer can honor his or her parenting time agreement.
One parent’s work schedule might have changed, impacting their parenting agreement
Parenting time may need to be modified if there are significant changes in the circumstances of the child or the parent. Here’s how the modification process works:
Filing a Motion
The parent seeking to modify parenting time must file a motion with the court that originally issued the parenting plan. The motion must include a detailed explanation of the reasons for the requested modification and the proposed changes.
Service of Process
The other parent must be served with a copy of the motion and given an opportunity to respond. If the other parent agrees to the proposed modification, the parties may submit a stipulated agreement to the court for approval. If the other parent does not agree, the court will schedule a hearing.
At the hearing, both parents will have the opportunity to present evidence and testimony in support of their positions. The court will consider various factors, such as the child’s best interests, the parents’ schedules and availability, and any history of domestic violence or substance abuse.
If the court determines that a modification of parenting time is in the child’s best interests, it will issue an order modifying the parenting plan. The order will specify the new parenting time schedule, as well as any other terms or conditions that the court deems appropriate.
It’s important to note that a parenting plan can only be modified if there has been a significant change in circumstances since the plan was last modified or created. Examples of significant changes may include a parent’s relocation, a change in the child’s needs, or a parent’s inability to comply with the existing plan.