Colorado Springs Modification Lawyer

Understanding the Modification Process

Modification is relatively simple in theory. The party in need of a modification is the petitioner, and the other party beholden to the family court order is the respondent. The petitioner begins the modification process by completing a modification petition that clearly explains their desired change and their explanation as to why the change is both necessary and reasonable. Once the court receives this petition, a hearing date is set, and the court notifies the respondent of the petition. Both parties have the right to speak on the proposed modification at the hearing.

During the hearing, the respondent can recognize that the requested change is necessary and reasonable, and they may agree to its implementation with little to no argument. Other respondents may request reasonable changes to the requested modification, and a negotiation process might ensue. In other cases, a respondent may vehemently oppose the requested modification and submit contradictory evidence that negates the petitioner's argument.

If a modification petition is approved, the judge handling the case may implement the desired change immediately. The modification process is the ideal method of changing any family court order pertaining to child custody, child support, spousal support, or a combination of related issues.

Grounds for Modification in Colorado

In Colorado, modifying a court order requires demonstrating a significant and ongoing change in circumstances that warrants a change to the existing order. This is not just about minor inconveniences; it must be a substantial alteration impacting the well-being of those involved, especially children. Colorado courts prioritize the child's best interests when considering custody, parenting time, and child support modifications.

For modifications related to children, a change in circumstances might involve a significant shift in a parent's life, such as a relocation, a change in work schedule impacting parenting time, or a documented change in the child's needs. It could also involve evidence of endangerment to the child's physical or emotional health. For financial matters like child support, a substantial change in the parent's income or the child's needs could be grounds for modification.

It is important to understand that the change must be ongoing, not temporary. The party seeking the modification bears the burden of proving this substantial and continuing change to the court.

Common Situations Prompting Modification Proceedings

Several situations commonly lead to modification proceedings, including:

• A noncustodial parent losing their job due to forces beyond their control, affecting their ability to meet their child support obligation
• A custodial parent suffering a catastrophic injury that prevents them from managing their parental responsibilities
• Discovery of information that should have been addressed during divorce proceedings, such as one of the spouse's hidden assets
• Significant changes in a parent's living situation or work schedule
• Changes in a child's needs or circumstances
• Evidence of endangerment to a child's physical or emotional health

Types of Modifications in Colorado Family Law

Modifications to family court orders in Colorado address various aspects of family life, typically due to a substantial and continuing change in circumstances:

• Child Custody Modifications involve changes to legal decision-making responsibilities, parenting time schedules, or the child's primary residence. They often arise due to changes in a parent's living situation, work schedule, or the child's needs.
• Child Support Modifications are common when there is a notable change in either parent's income or the child's needs, such as increased medical expenses.
• Maintenance (Spousal Support) Modifications may be warranted due to shifts in either party's financial situation, such as a change in employment or remarriage.
• Parenting Time Modifications can involve adjusting the schedule, including weekend visits, holiday arrangements, or the frequency of contact between a parent and child. These changes must be in the child's best interests.
• Relocation Restriction Modifications are needed if a court order restricts a parent from moving a certain distance with a child and that parent wishes to relocate. The court will consider the move's impact on the child's relationship with the other parent.
• Protection Order Modifications can involve modifying or extending existing protection orders if necessary for the safety and well-being of the protected party.