Englewood Modification Attorney

Reasons for Modification

There are many reasons why a parent would legitimately need to request a modification to an existing court order. Colorado family law requires parents requesting modifications to have substantial evidence that the modification is favorable to the child’s well-being. Unfortunately, some parents take advantage of the system out of spite toward their child’s other parent or for other self-serving reasons. Consulting with an experienced modification attorney can help parents determine if they have a legitimate reason for changing an order.

Some of the most common reasons families file a Motion to Modify parenting time orders include:

• One parent is moving out of the school district or out of state.
• One parent violates the original court order for parenting time.
• The child needs accommodations due to extracurricular activities or unexpected medical requirements.
• One parent experiences a life change such as remarrying, relocating, a change in medical needs, or incarceration.
• The health or well-being of the child is in danger.

A child who is 14 years or older is requesting a parenting schedule modification.

Parenting Time Modification and Child Support

It is important to consider how a modification of visitation or parenting time will affect an existing court order for child support. If circumstances are changing significantly enough that the paying parent’s child support payment would need to be adjusted, a modification for child support will also likely be necessary. Speaking with a qualified family law and modification attorney can shed light on whether a support modification is also necessary.

Many of the same reasons a family needs a parenting time modification are also reasons to modify a child support order. Any substantial and continuous change in either parent’s situation that would affect child support payments by 10% constitutes a need to modify a child support order through family courts. Besides a change in income, other factors that necessitate a change for a modification of a child support order include a change in daycare expenses, a new parenting schedule, or emancipation of the oldest child(ren), all of which could potentially be affected by a modification of parenting time.

Other Motivations Behind Modifications

In most cases, a parent who files a Motion to Modify visitation wishes to spend more time with their child. Unfortunately, though, some parents seek to modify custody to protect the child from a threat of imminent danger that is a result of spending time with the other parent. Colorado family court upholds the natural rights of both parents to play a part in raising their children. Therefore, the court will not diminish or restrict a child’s time with the other parent unless they find a legitimate threat of physical or mental harm. This includes behaviors and actions that impede the physical well-being or emotional development of the child.