Changing a Child Custody Order in Colorado: What You Need to Know

Life doesn’t stand still, and neither do families. Jobs change, children grow, and what worked a few years ago may not work anymore. Colorado law recognizes this, which is why custody (known legally as “parental responsibility”) orders can be modified when circumstances change.

If you’re considering a custody modification, here’s what you need to know about the process, timing, and special factors that might apply to your situation.

When You Can Modify a Custody Order

In Colorado, a parenting plan can be modified if there has been a substantial and continuing change in circumstances since the last order was entered. This means the situation must have shifted in a meaningful way, something beyond normal life changes. Common reasons include:

• A parent moves or plans to relocate out of state

• A child’s needs change as they grow older

• A parent’s work schedule changes significantly

• Safety or stability concerns arise in one home

• One parent is not following the current parenting plan

If both parents agree on a change, it’s often a simple process of filing a joint motion with the court. If there’s disagreement, however, the court will hold a hearing and decide based on the child’s best interests.

When It’s Considered “Too Late” to Modify

There are limits on how often and how soon you can change child custody in Colorado. Generally, Colorado courts won’t consider a major modification within two years of the last order unless there’s an emergency, such as concerns about the child’s safety or well-being.

However, smaller adjustments, like changes to visitation schedules, holiday arrangements, or parenting exchanges, can often be considered sooner, especially if both parents agree.

If you’re unsure whether your request is “too late” or “too soon,” an experienced family law attorney can review your situation and help determine the right timing.

Special Considerations for High-Income Families

In high-income households, custody decisions can be more complex. The court may need to address:

• Private schooling or specialized extracurricular activities

• Travel logistics for parents who live in different states or countries

• Support calculations that exceed standard child support tables

• Public image or privacy concerns for business owners or public figures

Colorado courts handle these cases with care, but it’s vital to work with an attorney familiar with high-asset family law to ensure financial arrangements and parenting plans are both fair and realistic.

Custody Modifications in a “Gray Divorce”

When parents divorce later in life, often after decades of marriage, the focus of custody issues shifts. Older children or teens may have strong preferences about where they live, and the court can take those wishes into account when appropriate.

Additionally, gray divorces sometimes involve complex financial transitions, such as retirement income or adult children still needing parental support (like college expenses). Each of these can indirectly affect custody, parenting time, and financial planning.

Remember: Every situation is unique, and this article is for general information only -- it’s not legal advice. To discuss your specific case, contact us for a consultation.