Divorces can become complex and arduous undertakings, made even more challenging when children are involved. Among the most critical matters in such cases is establishing a custody arrangement. However, what happens if circumstances alter after the initial custody agreement is settled? Is it feasible to seek a modification in custody during a Colorado divorce case?
The Affirmative Answer: Yes, You Can
Indeed, it is possible to request a change in custody throughout a Colorado divorce case. Nevertheless, it’s important to recognize that this process is far from effortless and necessitates valid justifications. The court’s foremost objective is to secure the best interests of the child, consequently any plea for a change in custody must align with the child’s welfare.
Grounds for Custodial Modifications
Several legitimate grounds can give rise to a change in custody during a Colorado divorce case. These grounds encompass but are not confined to:
1. Safety Concerns
Instances wherein the child’s well-being hangs in the balance can prompt a custody alteration. Safety concerns may involve a parent’s checkered history of domestic violence, child abuse, neglect, or substance abuse.
2. Shifts in Lifestyle
Situations might arise that prompt a custodial parent to relocate, commence a job that interferes with parenting time, or cohabit with an individual who poses a safety risk. If any of these circumstances manifest, pursuing a custody modification becomes a viable option.
3. The Child’s Willingness
The desires expressed by the child can serve as another catalyst for a change in custody during a Colorado divorce case. However, the child’s preference alone does not act as an automatic guarantee for revising the custody arrangement. The court contemplates factors such as the child’s age, level of maturity, and other pertinent aspects before rendering a decision.
The Modification Protocol
To initiate a custody change, a motion to modify must be lodged with the court that initially issued the custody order. This motion ought to incorporate any supporting evidence and reasons warranting such an alteration. Engaging with a knowledgeable family law attorney becomes crucial to guarantee that the motion is crafted meticulously and presented compellingly.
In Conclusion
While it is plausible to request a change in custody during a Colorado divorce case, success is not always guaranteed. The court will invoke the "best interest of the child" standard and take into account substantial and enduring shifts in circumstances before deciding whether to alter custody. Collaborating with adept legal representation specializing in family law during the modification process becomes essential to maximize the likelihood of a favorable outcome.