Custody Modification

If a decree allocating decision-making has been filed with the court, there is usually a two year wait period before a subsequent modification may be filed. There are certain circumstances where the wait period is not required; for instance, if the court decides continuing the order may be harmful to the child. The prior decree will not be modified unless new facts have arisen or were unknown to the court at that time or, some change in circumstances has occurred making modification is necessary to serve the child’s best interests. The court will not change the prior order unless the above requirements are met or the court finds for instance, the parties agree to the modification.

~ Taken in part from Colorado Revised Statute § 14-10-131 (2007).