×

Before you go, sign up for our free newsletter!

Divorce Matters - Legal Strength, trusted advice.

Legal Strength.
Trusted Advice.

Quick Contact

  • This field is for validation purposes and should be left unchanged.

Read Client Reviews

Free Maintenance & Child Support Calculator

Pay Your Bill Online

Parenting Time Modifications In Denver

Top-rated Denver divorce attorneys, where clients matter most.

It is highly likely that parties’ circumstances will change after a permanent parenting plan has been in place.  For example, children enrolling into school, changes in jobs, either party moving, and/or changes in schedules.  Sometimes these changes render the current parenting plan unworkable for the parties and the children. Therefore, a modification to an original parenting plan may be necessary.

The original parenting plan is established by the “best interests of the child” standard. The factors a court considers in determining the best interests of the child are:

  • The preferences of the child’s parents;
  • The preference of the child as to parenting time provided the child is of a maturity level capable of stating an independent preference;
  • The nature of the relationships and interaction the child has with each parent, any siblings, and any other person who may have a significant affect on the child’s best interests;
  • The manner in which the child is acclimated to his home, school, and community;
  • The physical and mental health of all parties involved. However, a disability alone cannot be used as a determining factor;
  • The ability of each parent to foster and encourage a loving, affectionate, and continuing relationship between the child and the other parent;
  • The past patterns of the parents and whether or not the history reflects a system of time commitment, values, and mutual support;
  • The proximity of the parents’ home to each other as it relates to practical parenting time plans;
  • Any evidence that either parent has been a perpetrator of domestic violence or any evidence that either parent has been abusive or neglectful to the child;
  • The capability of each parent to place the needs of the child above his or her own needs.

Contact Us

Getting A Modification

To modify parenting time and/or decision making the courts will generally use the best interest of child standard. However, if the requested modification would also change the majority residential parent, the court can only change it if new facts have arisen since the original decree and:

  • The parties agree to the modification;
  • The child has been integrated into the moving party’s family with the consent of the other party;
  • The majority residential parent is seeking to relocate with the child; or
  • The present environment endangers the child’s physical health or significantly impairs the child’s emotional development, and the advantage of changing residence outweighs any harm such a change would cause.

A parent cannot file a motion to modify parenting time which also seeks to change the majority residential parent within two years after a prior motion to modify parenting time has been ruled on, absent any endangerment to the child.

If a modification to an existing parenting plan is necessary there are several ways to make the necessary changes to the parenting plan.  Parties can attempt to agree to modify any terms of the parenting plan to accommodate the change in circumstances.  Parties must reduce these agreements to writing and must file it with the court so that any modifications are enforceable.  However, if the parties cannot agree to the necessary changes they may file a motion with the court to modify the current parenting plan. As stated above the standard of review is dependent on the modifications sought to the enforceable parenting plan.

Divorce Matters® is a Denver Colorado divorce attorney law firm. We provide information and services including the divorce process through the courts, division of marital property, assets as well as debts and parental rights regarding biological and adopted children.

Results

Get the best outcomes for your divorce by tapping into our years of family law experience.

Calculator

Free maintenance & child support calculator. Download our app for free here.

Results

Save more money and get the best outcome by bringing on an attorney now. Start now.

Contact Us Today

Why not start exploring your options? Call us at 720.542.6142 to schedule your consultation with one of our experienced Denver divorce attorneys today.

Our highly-accomplished divorce and family law attorneys practice throughout Colorado, including: Adams County (Arvada, Aurora, Brighton, Thornton, Westminster); Arapahoe County (Aurora, Centennial, Cherry Hills Village, Englewood, Greenwood Village, Littleton); Boulder County; Broomfield County; Denver County; Douglas County (Castle Rock, Highlands Ranch, Lone Tree, Parker); Elbert County (Elizabeth, Kiowa); and Jefferson County (Arvada, Golden, Lakewood, Morrison, Wheat Ridge).

  • REQUEST A CONSULTATION

  • This field is for validation purposes and should be left unchanged.

Words From Our Clients

I appreciated that not only did Will know law like I know my colors, but he was a counselor as well and guided me through the process. I was nervous many times but was able to fully out my trust in what he was doing and I couldn't be happier. I will continue to refer people to him as o hear of those needing assistance.

K.S.

Going through a challenging divorce is hell, your team had my back and represented me with a solid council. I have my daughters and got to stay in Colorado with them. I cannot thank you enough.

M.B.

Keep doing what you doing; your firm rocks!

C.K.

Click To Read More Reviews

Awards & Accolades

10 best client satisfaction, American Institute of Family Law Attorney
NAFLA Top 10 Ranking, Nation's Premier
The National Advocates Top 40 Under 40
BBB: A+ Acredited Business
AVVO Rating 10.0 - Top Attorney Family
Expertise Best Arbitrators & Mediators in Denver
2018 Top 40 Lawyer Under 40
Super Lawyers Rising Stars
Askthelawyer.com profile link
2019 Top 40 Lawyer Under 40

Meet Our Team

CONTACT US

Practice Areas