Pollart Miller family law attorneys are experienced in all family law matters. Sometimes a parenting plan or support order needs to be modified. Our legal staff is well-versed in the local rules of court and can expertly assist in getting your existing order modified. We can draft the appropriate motions to modify these existing orders, assist with negotiating an agreement, or argue your case in divorce or family law court if no agreement can be reached.
What You Need to Know About Modifying a Child Custody Order
In a child custody case, Colorado requires that the allocation of parental responsibilities be in the best interests of the child. A modification of a parenting plan or child custody order typically includes pleas to widen, limit, establish or deny parental responsibilities.
A modification of an existing parenting plan, decision making or a child custody order must ultimately benefit the child and must reveal that the current order is no longer in the child’s best interest.
Often, the court will appoint a Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE) to investigate and prepare a comprehensive parenting/custody report which will include recommendations regarding the allocation of parental responsibilities, parenting time and decision making. The CFI or PRE will interview the parents, speak to all interested parties, review any pertinent records, and speak to the children to ensure they get a full understanding of the situation.
Pollart Miller’s family law attorneys can explain to you how these interviews work and their legal consequences.
Other aspects involved with a modification of custody may include a modification of child support. Whether you are requesting or fighting such requests, our lawyers can assist you in realizing your goals and arguing your case.
How Modifying a Divorce Order Is Different
In actions seeking to modify a divorce order, the judge does not consider the best interests of the child and focuses only on property rights and spousal maintenance. Typically, a divorce order concerns the division of real property, debt and/or a change in spousal support. Divorce court judges have great discretion.
While there are certain limits involved in modifying property rights after a decree has issued, the Judge can modify a spousal maintenance order if jurisdiction was reserved to the court upon the showing of changed circumstances which are so substantial and continuing as to make the current support order unfair.
The standard for an order of spousal maintenance is different from a child support order. While there are spousal maintenance guidelines, the amount and duration of spousal maintenance is discretionary. This provides divorce court judges a great deal of leeway to make decisions as they see fit.
Confused? No problem. Our attorneys are here to guide you through your state laws regarding modifications of orders. Contact Pollart Miller today to learn how you can get a modification to an existing order – efficiently, coherently and successfully.