PARENTING TIME MODIFICATION
When circumstances change, the attorneys at Pomper Price, LLC are here to help
Often, things change and the parenting time you had once thought was in your child’s best interests, no longer is in their best interests.
There could be a myriad number of circumstances since the last Court Order that could affect what you believe is in your child’s best interests.
If there has been a change in circumstances where you believe a modification is in the children’s best interests, we can help.
You will benefit tremendously by running the facts by an attorney at Pomper Price, LLC. because any attempts at modification of parenting time must meet the requirements of Colorado Revised Statute, 14-10-129 (and its subcategories) which sets for forth the legal burden you will need to show to meet your request for modification. In many cases , the standard is simply best interests when requesting minor “tweaks” of parenting time, making parenting time equal, or when both parties start out with equal parenting time and when one seeks to modify.
However, there are times when a parent will need to meet a higher legal burden to file a motion to modify parenting time. The Courts have ruled that if you are seeking to change the primary parent, the standard is higher. Pursuant to CRS 14-10-129(2), a court shall not modify a prior order that substantially changes the primary parent unless:
The Parties agree;
The Child has been integrated into the moving party’s family with the consent of the other party;
The majority parent is seeking to relocate with the minor children; or
The child’s present environment endangers the physical health or significantly impairs the child’s emotional development and the harm likely to be caused by a change in environment is outweighed by the advantage of a change to the child.
The attorneys at Pomper Price, LLC can help you navigate these legal hurdles with attorneys that care about you and your case.
Furthermore, there could also be different time requirements that need to pass before filing a motion to modify so it is important to consult with an attorney at Pomper Price LLC. For instance, there is a 2 year limitation on filing a Motion to Modify Parenting Time when trying to change the primary parent- CRS 14-10-129 (1.5)—A parent cannot file a motion within 2 years of prior ruling on a motion of this type absent an allegation of serious endangerment.
Schedule a free, one-hour consultation to discuss your legal options.