Arvada Child Custody Modification Lawyer
The Drake Law Firm, P.C. Guides Parents in Navigating the Complex Landscape of Child Custody Modifications, Advocating for Fair and Equitable Solutions in the Best Interests of the Children.
Child Custody Modification in Arvada, CO.
Our custody modification attorneys in Arvada, CO, are skilled in assisting parents with modifying existing child custody and parenting time agreements. Our firm possesses a thorough understanding of Colorado’s laws and regulations concerning child custody and the legal intricacies of making such modifications. We offer valuable guidance and representation to parents in Arvada who are looking to revise the terms of their current custody arrangements.
Our custody modification attorney can support a range of issues, from applying to change the primary residence of the child to seeking increased parenting time, or adjusting the terms of an existing parenting plan. We provide assistance in navigating the legal system, which includes preparing and filing necessary documents, negotiating with the other parent or their legal counsel, and advocating for clients in court settings. Discover more about legal custody and visitation modifications in Colorado, including:
How to change child custody agreements
Child custody orders can be modified if circumstances change, even after an initial arrangement is set following a separation or divorce. This can happen anytime before the child turns 19, unless the child goes away to college or is otherwise emancipated. To initiate a modification, one parent must request it through the court, often with the assistance of a family law attorney.
Requesting Legal Custody Modifications:
A judge will consider modifying the custody order if some conditions are met:
- The parents have come to a mutual agreement regarding the situation.
- The child has become a fully integrated member of the moving party’s family, with the consent of the other parent.
- The primary residential parent intends to move with the child.
- The child’s present environment is detrimental to their physical health or emotional development, and the advantages of changing their environment outweigh the potential harm of such a change.
Parenting Time Modifications:
Visitation modifications don’t always require a “change in circumstances,” unlike child support adjustments. The primary criteria for altering parenting time is the “best interest of the child” standard. This means the court can make changes if it believes they serve the children’s best interests. However, to modify the actual residential custody of a child, the criteria is typically an “endangerment” standard, addressing either physical or emotional harm.
As children approach 15 or 16 years old, courts tend to give more consideration to their preferences regarding visitation modifications, but not always. These adjustments to visitation or custody can be made until the child reaches the age of 19, goes away to college or is otherwise emancipated.
- Children aging and their evolving preferences regarding time spent with each parent
- Alterations in the circumstances or relationships of the parents
- Desire of either parent to spend more time with the children
- Ineffectiveness of the current schedule, whether because of logistical challenges or issues with one of the parents, like substance abuse, mental health concerns, or other environmental factors that negatively impact the children
If these conditions are satisfied and the judge agrees, they have the authority to modify the child custody order. This process underscores the flexibility of child custody arrangements to adapt to changing life situations, ensuring the child’s needs and well-being remain a priority.
Emergency Child Custody Modifications:
According to C.R.S. § 14-10-129(4), a parent can file an emergency motion to limit the other parent’s time with their child if there’s an immediate risk of danger. This kind of motion is serious and should be used only when absolutely necessary. It’s crucial to work with a lawyer who understands what the court considers an immediate danger, as using this motion inappropriately can harm your reputation in court.
For the motion to succeed, you must demonstrate that the child is in imminent physical or emotional danger. The court has the authority to decide whether the other parent’s actions genuinely pose a risk to the child. A hearing will be held within 14 days of filing the motion, where both parents can present their evidence and arguments. After this, the court will determine whether to approve, modify, or reject the motion.