Changing Custody Agreement in Colorado: Understanding the Process

Whether you`re a parent seeking to modify an existing custody agreement or a third party who wants custody of a child, the process can be complex and challenging. For those who are unfamiliar with the legal procedures involved in changing custody agreements in Colorado, the following guide will provide a basic overview of the process.

Before you begin, it`s important to understand that custody laws in Colorado are designed to protect the best interests of the child, and the courts will consider a variety of factors when deciding whether to modify a custody agreement. These factors may include the child`s age, the child`s relationship with each parent, each parent`s ability to care for the child, and any relevant history of abuse or neglect.

Step 1: Understanding Your Options

There are two primary ways to change a custody agreement in Colorado: through a stipulation or by filing a motion with the court.

A stipulation is an agreement between both parents that outlines the changes to the custody arrangement and is then presented to a judge to be approved and entered as a court order. If both parents are in agreement, a stipulation can be a streamlined way to modify a custody agreement.

If one parent is not in agreement, however, then the other parent can file a motion with the court. The motion serves as a formal request to modify the custody agreement, and the court will schedule a hearing to consider the request.

Step 2: Filing the Motion

To begin the process of modifying a custody agreement through a motion, the parent seeking the change must file a motion with the court. The motion must include a detailed explanation of the reasons why the parent is seeking the modification, and it must be served on the other parent.

Step 3: Attending a Hearing

After the motion has been filed, the court will schedule a hearing to consider the request. During the hearing, both parents will have the opportunity to present evidence and arguments in support of their positions. The judge will consider all of the evidence presented and will make a decision based on what is in the best interests of the child.

Step 4: Changing the Custody Agreement

If the judge approves the requested modifications, the court will issue a new custody order. The new order will include specific details about the revised custody arrangement, such as the amount of time each parent will spend with the child and any restrictions or conditions that have been imposed.

Changing a custody agreement in Colorado can be a complex and challenging process, but with the help of an experienced family law attorney, it can be done successfully. If you`re considering modifying a custody agreement, it`s important to work closely with an attorney who understands the legal system and who can help you navigate the process with confidence.