Modifying Custody Orders in Colorado: The Complete 2026 Guide

Your parenting plan was written for the family you had when you signed it. Kids grow up. Parents move. Jobs change. New relationships enter the picture. At some point, most Colorado parents need to modify the plan they left the courthouse with. If you are in Denver, Englewood, Commerce City, Colorado Springs, or Fort Collins, family law attorney Myron Latney Jr. of Johnson Law Group walks through what it actually takes to change a custody or parenting time order, and the mistakes that get modification motions denied.

The short version: Colorado does not modify custody just because you want a different schedule. Modification requires a substantial and continuing change in circumstances that makes the change in the child’s best interests. Everything else in this guide is downstream of that one rule.

When you can file a modification motion in Colorado

Read the middle row carefully. If you are asking the court to change the primary residence of the child, or to change joint decision-making to sole (or vice versa), you generally need to wait 2 years from the last order. The endangerment exception is the only way around it.

The 4-part checklist every Colorado modification motion needs

• A substantial and continuing change in circumstances since the last order.
• Facts showing that the modification is in the child’s best interests (not just yours).
• A specific proposed new schedule (or new decision-making structure), written in named days and times.
• Evidence: documentation of the change, of the child’s adjustment, and of your own compliance with the current plan.

If your motion is missing any of these, expect it to be denied. Judges will not write your plan for you, and they will not assume best-interest facts you did not put in front of them.

The 5 modifications that succeed most often

• Parent relocation. One parent is moving, or has moved, and the current schedule no longer works.
• Substance abuse or safety concern. Triggers the endangerment exception; bypasses the 2-year wait.
• Major school transition. New school year, school transfer, or move from elementary to middle school.
• Work schedule change. Material change in either parent’s hours or location that affects parenting time availability.
• Pattern of non-compliance. Documented, ongoing violations by the other parent (denied exchanges, missed pickups, blocked communication).

The Modifying Custody Orders process, step by step

Modifying Custody Orders has important steps you must consider. As always, we at Johnson Law Group recommend you consult with an experienced family law firm.

Step 1: File the motion

Motion to Modify Parenting Time (or Decision-Making Responsibility) filed in the same case where the current order lives. Include the specific change you want, the facts supporting it, and the child’s best interests.

Step 2: Response window

The other parent has 21 days to respond. If they do not, you can request default relief in some circumstances. Most cases move to a status conference within 30 to 45 days.

Step 3: Mediation (in most counties)

Colorado local rules require mediation before a contested modification can be set for a hearing. Many modifications settle here.

Step 4: Hearing and order

If mediation fails, the court holds an evidentiary hearing. Contested modifications typically get a 1 to 2 hour hearing where each side presents evidence and argument. The judge issues findings on the change-in-circumstances standard and rules.

The mistakes that get modification motions denied

• Filing within the 2-year window without invoking the endangerment exception.
• Alleging change in circumstances without any documentation.
• Citing preference for a different schedule rather than a child-centered reason.
• No specific proposed new schedule attached to the motion.
• Skipping required mediation before requesting a hearing.
• Self-help: unilaterally changing the schedule before the court rules.

The last one is the most damaging. If you stop following the current order because you filed a motion, you can lose the motion on that alone. Colorado courts take self-help seriously; your remedy is a ruling, not a workaround.

What courts want to see

• A clear, specific change in circumstances since the last order (not vague dissatisfaction).
• Best-interest analysis focused on the child, not the parents.
• Documentation: texts, school records, medical records, calendar entries.
• A specific proposed new schedule with named days and times.
• Evidence that YOU have continued to follow the current plan.
• Willingness to mediate, cooperate, and communicate professionally.

Related deep-dives

• The substantial and continuing change standard, explained in detail.
• The 2-year wait rule and the endangerment exception.
• 5 reasons Colorado modification motions succeed.
• 6 mistakes that get modification motions denied.
• The modification process, motion to ruling.
• When child support ends in Colorado: the age-19 rule.
• “We agreed”: why motion agreements must be filed with the court.

Whichever path applies to your case, the earlier you get specific legal advice about your facts, the better the outcome usually is. Johnson Law Group offers a free 30-minute consultation to help you scope the right approach.

Talk to a Colorado Family Law Attorney Today Free by starting with a 30-minute consultation with our intake team. Call 720-445-4444  We have five Offices serving Denver, Englewood, Commerce City, Colorado Springs, and Fort Collins.