As life changes, our needs change with it. A court order for something like a child custody or support order that was sufficient a few years ago may not meet you or your child's needs today, and understanding the process for order modification in Colorado can help you change an order so it reflects your circumstances more accurately.
To schedule a free consultation with our team and receive legal representation for your order modification or enforcement case, contact us online or via phone at (303) 647-4245.
Can I Modify My Court Order at Any Time?
In Colorado, you can generally only modify a child custody order once every two years. As a result, unless you need to file for an emergency custody order, you shouldn't expect to change the terms of your custody order more than once every two years.
However, for other types of court orders, such as spousal or child support, you may be able to request order modifications more frequently depending on the circumstances of the order modification request.
What's the Process of Modifying a Court Order in CO?
How your modification case proceeds will, at least in part, depend on whether you get a contested or uncontested modification.
If you and the other party involved in your court order agree that a modification is necessary, you can draft a modification agreement stating how you'd like to change the order. If a judge determines that the agreement is equitable, the court may allow you to modify a court order using the terms of said agreement.
However, things get more complicated if you and the other party disagree on the necessity of a modification. In that case, you'll have to attend a hearing. After hearing from both parties, the court will decide whether a modification is necessary.
In any case involving a child, the court's priority is always the child's best interests. For child support and custody modification disputes, the court will evaluate factors such as:
- Whether one parent has displayed behavior that makes them unfit to care for their child;
- Whether one parent experienced a change in circumstances, such as job loss or the development of a medical condition, that makes them unfit as a caregiver or requires them to receive more or pay less child support;
- Whether the child has experienced a change in circumstances that justifies a change in the custody or support order.
Similarly, during spousal support modification disputes, the court evaluates whether either party has experienced a change in circumstances, such as job loss or the development of a medical condition, that would justify a change in the amount of support supplied or received.
Our attorneys can help you pursue the best outcome in your case. Contact us online or via phone at (303) 647-4245 to schedule a free consultation with our team!