How often can a parenting plan be changed?

“I read that a parenting plan can only be changed every two years.”

This is a common statement or question that people who contact us will ask. In reality, this is a large misconception and misunderstanding of Colorado law. This blog post will explain when and how often a parenting plan can be modified in Colorado.

The two-year bar applicable to modifications of a parenting plan in Colorado only applies to changing the primary parenting time parent. If one of the parents has filed a motion to change primary custody, no new motion to change primary custody can be filed until at least two years have passed since the last one was resolved. The statute at issue states that “If a motion for a substantial modification of parenting time which also changes the party with whom the child resides a majority of the time has been filed, whether or not it has been granted, no subsequent motion may be filed within two years after disposition of the prior motion…” This is the basis for the misconception about how often a parenting plan can be changed. However, even this limitation has an exception: “…unless the court decides, on the basis of affidavits, that the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development or that the party with whom the child resides a majority of the time is intending to relocate with the child to a residence that substantially changes the geographical ties between the child and the other party.” As such, if a parent sufficiently alleges that the child’s physical health is endangered or that their emotional development will be impaired if the primary parent is not changed, then the two-year bar is not applicable. Generally, a parent must prove that the child is endangered in the current primary parent’s care in order to change primary care anyway, so the two-year limitation is generally not much a limitation in practice.

 So, then, how often can someone try to change the parenting plan? Under the law, the Court in Colorado may modify a parenting time schedule whenever such change would serve the best interests of the child. In practice, this means that any time that a change could benefit the child, then a modification could be granted. There is no real time limit or prohibition on the frequency with which a parent may seek changes. Of course, the parent seeking a change must establish that the change that they are requesting is in the best interest of the child based upon the required criteria that the Court uses in assessing such claims. It is important to note that “substantial” changes require that a parent prove some type of endangerment – whether that is increasing or decreasing a parent’s time. What substantial means, however, is both a quantitative (how much) and qualitative (what does it look like) question, so it is not a simple answer.

Of course, if there is an emergency issue, then that is treated under a different set of circumstances than a typical modification.

 These intricate and complicated questions demonstrate why it is important to seek competent legal counsel to discuss your specific questions. Please contact us today for your FREE consultation!