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Couple with divorce contract and ring on desk. Divorce

Can Child Custody Orders Be Modified in Colorado?

As time changes so does your family dynamic and Colorado Courts understand that your parenting plan should reflect your family's current situation.

In Colorado, there is no set age limit on when a child can decide which parent to live with. However, once the child is considered mature enough to decide, he or she will be allowed to express a preference and this will be taken into account by an expert in certain situations, but the children do not get to “choose.”

Custody orders take effect immediately unless they are appealed and you are expected to meet your obligations under these orders.

For instance, you cannot simply stop paying child support if your spouse refuses to let you see the children. Wage garnishment and driver’s license suspension may result if you do this.

Circumstances can change during the child’s upbringing and modifications of child custody orders are sometimes necessary.

In order for a substantial modification to be made to an existing order, it must be demonstrated to the court that there has been a substantive change in circumstances that affect the safety or health of the child.

If you and ex agree on the modification, you file a Stipulation to Modify Decision-Making Responsibility.

If you and your ex do not agree on the exact wording or details of the arrangement, you will need to file a Motion to Modify Decision-Making Responsibility with the courts.

It is best to consult with a qualified lawyer in either case.

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