Find out when and how you can ask a Colorado court to change your existing parenting time schedule.
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In Colorado, decision-making orders are hard to change. Decision-making orders are court orders that say who gets to make major choices for your child. These include decisions about school, medical care, and religion. Decision-making orders are sometimes called "custody" orders.
To change your order, you must show the court new, serious reasons. If your child's safety is at risk, you must show the court proof. You can ask a judge to change your order, but there are steps you have to follow.
How do I ask the court to change a decision making order?
Step 1: Check to see if you qualify to file
You can ask the court to change decision-making if:
Something major has changed for the child or the parent who has decision-making authority
AND
- A change to decision-making is now necessary because it’s what’s best for the child.
You can only ask to change your order once every two years. This is true even if the court said no last time.
But you can ask sooner if the order puts your child's physical health or emotional development in danger.
Step 3: File the forms with the court
File in the same court that gave the original parenting time order
You can file in person or online through Colorado's e-filing system
There may be a filing fee.
- If you can’t pay the fee, you can fill out and bring these two forms:
If the court approves these forms, you can file for free.
Step 4: Give (serve) the other parent a copy
- You must give the other parent official notice of your request.
- Via electronic service if the other parent has signed up for Colorado’s e-filing system.
- Via U.S. mail to their mailing address on file with the court.
- Complete the Certificate of Service on your motion stating how you sent a copy to the other parent.
Step 5: Go to mediation
The judge may order you and the other parent to mediate before a hearing. Mediation is a meeting where both sides try to reach an agreement on the issues without going to trial.
The mediator helps guide the conversation and talk through the disagreements to try to help you reach an agreement, but they do not take sides or make decisions for you.
What you talk about in mediation is not admissible in court. So you do not have to worry about an offer you make in mediation being brought up in a hearing.
Important!
If there is a history of abuse or control, you can ask the court to excuse you from mediation. The court may allow you to skip mediation or offer special protections, like separate rooms or virtual meetings.
Step 6: Go to the court hearing
- The judge will schedule a hearing if you and the other parent can’t agree on the decision-making change
- Bring evidence and witnesses if needed
- Focus on what’s best for the child—not your disagreements with the other parent or what’s best or most convenient for you.
Important!
If there’s a safety concern, you can file a Motion to Restrict Parenting Time. The court must hold a hearing within 14 days.
What else do I need to know?
The court assumes the current decision-making order is best and will not change the order UNLESS:
- The current setup puts the child’s physical or emotional health in danger and changing the decision-making order is safer and better for the child than keeping the order
- OR
- You and the other parent agree to the change, AND one of the following is also true:
- The child has started living with the other parent, and both parents agree that this new living situation is permanent
- The parenting time schedule has changed significantly in a way that means decision-making should also change.
- One parent has always let the other parent make important decisions without protest – like where the child goes to the doctor or what school the child goes to.
Saying "it's not working" is not enough. You need to show real problems or risk — and prove the change is worth it.
Tips
- Keep proof of decision-making problems like texts, e-mails, missed appointments
- Follow the current court order until a judge changes it
- Check the timeline – make sure two years have passed since the last decision, or show immediate risk.
- Show new facts – something important must have changed.
- Prove best interests – especially show how the change will help the child.
- Be respectful in court and keep the focus on your child’s needs
Need more help?
If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.
You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.