- October 15, 2026
- Child Custody
A child custody order that worked when it was entered may no longer fit a family’s circumstances several years, or even several months, later. Children grow older, school schedules change, parents relocate, work demands shift, and concerns involving a child’s safety or well-being may arise.
Colorado law allows us to ask the court to modify certain parenting orders when the legal requirements for a change are met. However, the standard we must satisfy depends heavily on what part of the existing order we want changed. A request to adjust parenting time can be treated differently from a request to change which parent makes major decisions or where the child primarily resides.
Colorado Uses the Term Allocation of Parental Responsibilities
Although many parents refer to these cases as child custody matters, Colorado law generally uses the term “allocation of parental responsibilities.” These responsibilities include parenting time and decision-making authority. Under C.R.S. § 14-10-124, Colorado courts make parental-responsibility decisions according to the child’s best interests, with the child’s safety receiving paramount consideration. The statute directs courts to consider relevant factors involving the child’s physical, mental, and emotional needs and circumstances. When we seek a modification, we therefore focus our evidence on the child and the practical effects of the requested change. A parent’s personal preference alone generally will not establish that an existing order should be altered.When Can Parenting Time Be Modified?
C.R.S. § 14-10-129 governs modification of parenting time. As a general rule, a Colorado court may modify an order granting or denying parenting time when the modification would serve the child’s best interests. This can apply when changes in everyday life make the existing schedule impractical or harmful. Examples may include a substantial change in a parent’s work schedule, changes in the child’s school or activities, repeated problems exchanging the child, or circumstances affecting a parent’s ability to exercise the parenting time previously ordered. Not every requested change is treated the same way. A relatively modest scheduling adjustment may require a different showing than a modification that would substantially alter parenting time and change the parent with whom the child resides most of the time.Major Changes to Primary Residential Parenting Time Face a Higher Standard
Colorado law places greater limits on modifications that would substantially change parenting time while also changing the parent with whom the child resides a majority of the time. Under C.R.S. § 14-10-129(2), the court generally must find that circumstances involving the child or the majority-time parent have changed since the prior order, or that relevant facts were previously unknown, and that the modification is necessary to serve the child’s best interests. The statute generally directs the court to preserve the existing parenting arrangement unless one of the statutory grounds for modification is established. That distinction matters. If we are requesting what amounts to a major restructuring of the child’s living arrangement, we prepare the case around the specific statutory requirements rather than simply arguing that another schedule would be preferable.Can Decision-Making Authority Be Modified?
Yes. Decision-making responsibility may also be modified, but Colorado imposes additional restrictions. C.R.S. § 14-10-131 provides that a court generally will not change an existing allocation of decision-making responsibility unless circumstances have changed since the previous order, or relevant facts were unknown when it was entered, and modification is necessary to serve the child’s best interests. The statute also contains an important timing restriction. If a motion seeking modification of custody or decision-making responsibility has already been filed, another such motion generally cannot be filed within two years after disposition of the previous motion unless affidavits give the court reason to believe that continuing the existing arrangement may endanger the child’s physical health or significantly impair the child’s emotional development. We carefully review prior orders and litigation history before deciding how to present a new modification request.What Does the Court Consider When Deciding the Child’s Best Interests?
C.R.S. § 14-10-124 establishes the framework Colorado courts use when evaluating the best interests of a child. Depending on the issue before the court, relevant considerations can include the parents’ wishes, the child’s relationship with parents and other significant people, the child’s adjustment to home, school, and community, and the physical and emotional circumstances of those involved. The child’s wishes may also be considered when the child is sufficiently mature to express a reasoned and independent preference. That does not mean a child simply chooses where to live. The court evaluates the child’s preference as one factor within the broader statutory analysis. Safety concerns can significantly affect this analysis. Colorado law gives particular attention to allegations involving domestic violence, child abuse, neglect, and circumstances that could place a child’s physical or emotional well-being at risk. The General Assembly amended Section 14-10-124 again in 2026, reinforcing statutory provisions addressing safety in parental-responsibility decisions.What Happens When a Parent Wants to Relocate?
Relocation can create one of the most significant reasons for requesting a parenting-plan modification. Under C.R.S. § 14-10-129, when the parent with whom the child resides a majority of the time intends to move to a residence that substantially changes the geographical relationship between the child and the other parent, additional statutory considerations apply. The relocating parent generally must provide written notice as soon as practicable, identify the proposed new location, explain the reason for the move, and propose a revised parenting-time plan. The court then evaluates whether modification serves the child’s best interests under the applicable statutory factors. A relocation case can affect school attendance, transportation, holiday schedules, extracurricular activities, and each parent’s ability to maintain a meaningful relationship with the child. We therefore look beyond the proposed move itself and consider how the entire parenting arrangement may need to change.Evidence Can Determine the Outcome of a Modification Case
A modification case usually requires more than telling the court that circumstances have become difficult. We work to present specific evidence showing what has changed and why the requested order would better protect the child’s interests. Relevant evidence may include school records, medical information, communications between the parents, parenting calendars, records of missed exchanges, evidence concerning substance abuse or domestic violence, and testimony from people with direct knowledge of the circumstances. The evidence we present depends on the issues involved. A dispute about scheduling requires a different strategy than allegations involving a child’s safety, relocation, or a request to transfer major decision-making authority.FAQs About Modifying Child Custody Orders in Colorado
Do We Need a Major Change in Circumstances to Modify Parenting Time?
Not every parenting-time modification requires the same level of changed circumstances. C.R.S. § 14-10-129 generally permits a court to modify parenting time when doing so serves the child’s best interests. A request for a limited scheduling adjustment may therefore be evaluated differently from a request that substantially changes parenting time and changes which parent has the child a majority of the time. For a major change of that nature, Colorado law imposes a more demanding statutory standard. We review precisely what the requested modification would accomplish before determining what evidence must be presented.Can We Change a Custody Order If Both Parents Agree?
Agreement can make the process significantly easier, but we still recommend having the new arrangement formally entered as a court order. Informal agreements between parents can cause serious problems if one parent later changes his or her mind. C.R.S. § 14-10-131 specifically recognizes parental agreement as a basis the court may consider when modifying decision-making responsibility. A properly prepared stipulated modification can establish clear expectations regarding parenting time, exchanges, holidays, school decisions, medical decisions, and other responsibilities. Until the court changes the order, however, the existing order generally remains controlling.Can a Child Decide Which Parent to Live With in Colorado?
Colorado does not establish a particular age at which a child automatically decides which parent to live with. Under C.R.S. § 14-10-124, the court may consider the wishes of a child who is sufficiently mature to express reasoned and independent preferences regarding parenting time. The child’s preference is only one consideration. We expect the court to examine why the child has expressed that preference and whether the requested arrangement serves the child’s overall interests. Courts are also alert to the possibility that a child’s preference has been influenced by parental pressure or conflict.What If the Other Parent Is Not Following the Current Parenting Plan?
Repeated violations of a parenting order can become relevant to a request for modification, but modification is not automatically granted simply because a parent failed to follow the schedule. We examine the frequency and seriousness of the violations, their effect on the child, and whether enforcement proceedings or modification would provide the more appropriate remedy. Documentation can be particularly important. Parenting calendars, written communications, exchange records, and other evidence can help establish a pattern rather than leaving the court with conflicting accounts from the parents.Denver Family Law Attorneys for Child Custody Modification Cases
When a parenting order no longer reflects a child’s needs or a family’s circumstances, we can evaluate whether Colorado law provides grounds for modification and what evidence may be needed to support the request. At Price Family Law, we provide individualized strategies for parenting time, decision-making, relocation, domestic violence, substance-abuse, and other complex parental-responsibility disputes. Our attorneys understand that these cases can have consequences far beyond a court hearing. We look carefully at the child’s needs, the existing order, the history between the parents, and the practical effects of any proposed modification. When an agreement can protect our client’s objectives and the child’s interests, we can pursue negotiation. When litigation is necessary, we are prepared to present the matter to the court. If you believe your existing child custody or parenting order needs to change, we can review the current order, explain the Colorado modification standards that apply, and discuss the options available based on your family’s circumstances. Call Price Family Law at 720-615-1750 for a free consultation with our Denver custody modification attorneys. From our Denver office, we represent clients in Denver and the surrounding area in child custody modification, parenting-time modification, relocation, divorce, child support, domestic violence, and other Colorado family law matters.
