Whether you set a child custody arrangement through mediation or a court-appointed judge determines the terms of your parental responsibility, you may think it is set in stone. However, just as life situations change, so can the terms of a child custody arrangement.
There are certain life circumstances that may qualify you for a child custody review and potential modification, according to the Colorado Judicial Branch. It is critical to know your rights in a child custody modification case so you can prepare yourself for what is to come.
Updating your parental agreement
You may wish to make small adjustments in your parental agreement, such as when you see your children or what holidays work best. If both parents agree on those changes, the courts can make a simple modification. However, if both parents do not agree on the changes or a more drastic revision is required, you may need to file a petition for modification. It is important to understand that all modifications are made with the best interests of the children in mind.
Knowing when it is time
When can you issue a petition for modification? According to state statutes, modification may be considered in the following situations:
• Parent is incarcerated
• Parent has a substance abuse problem, such as alcohol and/or drugs
• Child’s physical health or mental wellbeing is endangered
• Parent moves a considerable distance away
• Parent has an addiction, such as gambling or pornography, that directly affects the child’s wellbeing
If the parent with primary custody is no longer financially, mentally or physically able to care for the children, the children may be moved for their best interest.