Modifying Parenting Plans in Colorado
Parenting plans entered at the time of divorce or initial custody proceedings reflect the family's circumstances at that moment. As children grow, parents' lives evolve, and family situations change, the original plan often no longer serves the children's needs or the family's reality. Colorado law allows modification of parenting plans, but the standards and procedures depend on what is being modified and how significantly the existing plan would be changed. At Neiley Law, we represent parents seeking and opposing parenting plan modifications throughout Carbondale and Rifle.
Modifications can range from minor adjustments to holiday schedules to significant changes in primary parenting responsibility. The legal hurdles for these different types of modification are very different, and understanding the applicable standard is essential to a successful case.
Two Standards: Best Interests and Endangerment
Colorado uses two different standards for parenting plan modifications, depending on the type and magnitude of the change being requested. The applicable standard is set forth in C.R.S. § 14-10-129.
Best interests standard: Modifications that adjust parenting time without substantially changing the child's primary residence or the basic structure of the parenting plan are governed by the best interests of the child standard. This is the same standard applied in original custody proceedings, and it is the more lenient of the two standards. Examples include adjusting the regular schedule, changing holiday rotation, modifying summer parenting time, or making small adjustments to address logistical issues.
Endangerment standard: Modifications that would substantially change the parenting time of a parent who exercises a majority of parenting time, or that would change the child's primary residential parent, must meet a higher standard. Under C.R.S. § 14-10-129(2), the court must find one of the following: (1) the parties have agreed to the modification; (2) the child has been integrated into the family of the moving party with the consent of the other party; (3) the child's present environment endangers the child's physical health or significantly impairs the child's emotional development and the harm of changing custody is outweighed by the advantage; or (4) the moving party has been a victim of domestic violence by the other party.
The Endangerment Threshold
The endangerment standard is intentionally high. Colorado courts and the legislature have determined that children benefit from stability in their primary residential arrangement, and that changes should not be made absent compelling circumstances. To meet the endangerment standard, the moving party must show that the child's current environment is causing actual harm to physical health or emotional development—not merely that a different arrangement might be marginally better.
Endangerment can take many forms, including exposure to domestic violence, substance abuse in the household, neglect, abuse, exposure to inappropriate adults or behaviors, severe parental conflict that affects the child, mental health crises, educational neglect, or significant safety concerns. The evidence must be specific and substantial, not speculative.
Adjustments to Parenting Time Schedule
Many modifications involve changes to the regular parenting time schedule that do not rise to the level of changing the primary residential parent. These cases are governed by the best interests standard and are generally easier to litigate. Common reasons for schedule adjustments include:
- The child starting school, requiring a different schedule than was used for younger children
- The child's growing involvement in activities that require schedule adjustments
- Changes in either parent's work schedule that affect availability
- The child's expressed preferences as they mature
- Logistical issues that have made the existing schedule difficult to implement
- Changes in either parent's residence or relationship status
The Two-Year Rule
Colorado has a special rule that limits modifications under the endangerment standard for the first two years after the original order. Under C.R.S. § 14-10-129(1)(b)(II), a court generally cannot modify a parenting plan to substantially change the parenting time exercised by the parent with majority parenting time within two years of a prior modification or denial of modification under the endangerment standard, unless the moving party can show specific reasons that justify revisiting the issue. This rule prevents repetitive litigation that disrupts children's lives.
Modification by Agreement
Parents are always free to modify their parenting plan by mutual agreement, subject to court approval. Agreed modifications can be processed through stipulated motions and orders without contested litigation. We help parents document agreed modifications properly so that the new arrangements have legal effect and can be enforced if necessary.
Even significant modifications that would otherwise require meeting the endangerment standard can be made by agreement. When parents agree, courts generally approve the modification as long as it appears to serve the child's best interests and was not coerced.
Children's Wishes in Modification Cases
The wishes of the child are one of the factors the court may consider, particularly for older children who can express a reasoned and independent preference. However, children's wishes are not determinative—they are one factor among many. Courts generally do not require children to choose between their parents and may interview the child privately or appoint a child and family investigator to assess the child's wishes and best interests.
The weight given to a child's preferences typically increases with the child's age and maturity. A 16-year-old's preferences are usually given significant weight, while a 6-year-old's preferences carry much less. Courts also consider the reasons for the child's preferences and whether they reflect the child's genuine views or the influence of one parent.
Coordination with Child Support Modification
Changes to the parenting time schedule almost always affect the child support calculation under Colorado guidelines, which incorporate the number of overnights each parent has. When a parenting plan modification changes the overnight count significantly, child support typically should be recalculated as well. We frequently address parenting plan and support modifications together. For more information, see our Child Support Modification page.
Use of Experts
Many modification cases benefit from the involvement of mental health or evaluation experts. Child and family investigators (CFIs) are often appointed to interview the parents and children, observe interactions, review records, and provide a written report and recommendations to the court. Parental responsibility evaluators (PREs) provide more in-depth psychological evaluations in particularly complex or contested cases.
The selection of an evaluator and the conduct of the evaluation can significantly affect the outcome of the case. We help clients prepare for evaluations and use the resulting reports effectively in litigation or settlement discussions.
Why Choose Neiley Law
Parenting plan modifications affect children's lives and parents' relationships with their children. The legal standards are nuanced, and the factual issues are often complex. Our boutique practice provides the personal attention, careful preparation, and skilled advocacy needed to navigate these cases effectively.
Contact Our Modification Attorneys
If you need to modify or oppose modification of a parenting plan, contact Neiley Law for a consultation at our Carbondale or Rifle office. Visit our Family Law page for more information.