How to Change Parenting Time

Family
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Splitting parenting time can be challenging, especially when life circumstances change. If your court order about parenting time no longer works for your child or your family, you can ask the judge to change it. This is allowed if you can prove certain things to the judge. 

This guide covers how you can ask the court to change parenting time, what you can expect the process to look like, and what the judge will consider when deciding.

This guide does not cover emergency situations. If you feel like your child is in serious danger, you can file a Motion to Restrict Parenting Time. See our guide on How to Restrict Parenting Time for more information.

Step-by-step: Ask the court to change parenting time

Step 1: Make sure you can ask for a change

You must be able to show the change is in your child’s best interests.

If you are asking for a big change that changes which parent the child lives with most of the time, you usually have to wait at least 2 years since the last time either parent asked the court for a major change.

Note: 
If both parents have 50/50 (equal) parenting time, changing the parenting time schedule does not change who the child lives with most of the time – because there is no "majority" or "main" parent under a 50/50 schedule. So the 2 year rule may not apply.

 

You can skip the 2-year wait if:

  • The child may be in danger or getting hurt physically or emotionally where they live now. If you ask to change parenting time because your child is in danger, you must also ask for safeguards like supervised parenting time or drug testing in addition to a request to change the schedule. 
  • Or, the parent the child lives with most of the time now plans to move far enough away that it would make it much harder for the child to see the other parent.

If you are asking for smaller changes to a parenting time schedule, like changing weekend pickup times, you usually don’t have to wait 2 years, but it is usually best to try to reach an agreement about smaller changes and file a stipulation. Consider if this smaller request is worth going to court.

Step 2: Fill out the right forms

If the other parent already agrees with the change, you can file:

If the other parent does not agree with the change, you will likely need to file:

  • JDF 1406: Motion to Modify Parenting Time
  • JDF 1424: Proposed Order for Motion to Modify Parenting Time
  • JDF 1113: Parenting Plan 
    • With the new parenting schedule you want

You may need other forms depending on your case (ask the court clerk).

Step 3: File the forms with the right 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
  • Pay the filing fee, or you can ask to waive it if you can't afford it with JDF 205

Step 4: Give (serve) the other parent a copy

You must officially give or send the other parent a copy of the forms you filed with the court. You can do this:

  • By electronic service if the other parent has signed up for Colorado’s e-filing system
  • By U.S. mail to their mailing address on file with the court

Complete the Certificate of Service section on your motion stating how you gave a copy to the other parent.

Note: 
If you and the other parent agreed on the change and you followed the above steps to properly file a stipulation (agreement), the judge may accept the change without you having to do the below steps.  

Step 5: Go to mediation (if ordered, or if both parties agree)

  • 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
  • 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
  • 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  

Step 6: Go to the court hearing

  • The judge will schedule a hearing if you and the other parent cannot agree on the parenting time 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 to know

The judge can only change which parent the child lives with most of the time if:

  • Something major has changed for the child or the parent the child lives with now AND
  • A change to parenting time is now necessary because it’s what’s best for the child.

If one parent wants to move far away with the child, the judge must consider:

  • Reasons for the move
  • Why the other parent disagrees
  • How well each parent has cared for the child
  • School and learning options for the child where you live now, compared to where you’d move
  • Extended family where you live now, compared to where you’d move
  • Benefits of staying with the main caregiver
  • How the move may affect the child
  • Whether a new parenting time schedule can still work
  • Anything else important to the child’s best interests

Tips

  • Keep records of parenting time problems (texts, emails, missed visits)
  • Follow the current court order until a judge changes it
  • Show new facts – something important must have changed
  • Show how the change will help the child
  • Be respectful in court and keep the focus on your child’s needs 

Need more help?

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.

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