Modifying the Parenting Plan in a Divorce or Child Custody Case

In Colorado, a parenting plan that exists in a divorce, child custody or family law case may be modified at the request of one of the parties. A parenting plan can contain many provisions, including a schedule for parenting time and an allocation for decision making responsibilities.

There are many reasons why it might be in the best interests of the children to modify the parenting plan. Perhaps the children have gotten older and no longer need to have a “primary” parent and should spend equal time with both parents. Perhaps one of the parties moved to a new residence that necessitates a change. These are just two of the limitless available reasons for why a change might be requested.

It is sometimes an uphill battle to change the parenting plan when the other party opposes it. In some situations, the requested change might be unachievable. In others, it is reasonable and should likely be granted. Sometimes a child and family investigator would be needed to investigate the family and file a recommendation which either justifies or advises against the requested change(s). In some cases, the case management process can take a long time, which can be frustrating.

If you are considering requesting a change in your parenting plan, you should talk with your attorney about it to get an idea of the necessary timeline, expected expense, and likelihood of success in the endeavor. Because of the amount of time these cases sometimes take to resolve, you should consider addressing your concerns as quickly as possible.

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