Parenting time orders, commonly referred to as custody and visitation schedules, establish when and how parents share time with their children following a separation or divorce.
However, as families grow and circumstances evolve, existing parenting time orders may no longer serve the child's best interests. A variety of life changes can necessitate modifications, such as a parent relocating for work, the child's academic or medical needs shifting, or one parent's ability to provide a safe and stable environment coming into question.
When such significant changes arise, courts don’t automatically approve requests for modification; instead, they require substantial evidence demonstrating that an adjustment is necessary and in the child's best interests.
This means that parents seeking changes must carefully gather and present documentation that clearly supports their case, whether it involves school records, medical reports, witness testimony, or proof of noncompliance with the existing order.
At Pesch Law Office PC in Denver, Colorado, we design these family law arrangements to provide stability for the child while allowing both parents to maintain meaningful relationships. We give support and guidance to parents seeking or facing child custody modifications.
By being well-prepared and presenting a strong case, parents can advocate for a parenting time arrangement that better suits their child's evolving needs while maintaining a stable and supportive family dynamic.
Legal Standards for Modifying Parenting Time Orders
Before a court will alter a parenting time order, the requesting parent must demonstrate that a substantial change in circumstances has occurred. In most cases, courts prioritize the child’s best interests when evaluating modification requests. The evidence presented must show that the proposed change benefits the child and is necessary to accommodate new circumstances.
Several factors influence whether a court will grant a modification, including the following:
A parent’s relocation
Changes in the child's needs
Parental fitness concerns
Issues related to compliance with the existing order
The child’s preference (depending on age and maturity)
The strength of the evidence supporting these claims often determines whether the court approves the requested modification.
Types of Evidence That Support Modification Requests
Documentation of a Parent’s Relocation
If a parent moves a significant distance from their previous residence, it may affect the current parenting schedule. Courts assess whether the relocation disrupts the child's routine or makes existing parenting time arrangements impractical.
Evidence that can support a modification request based on relocation includes the following:
A new lease or mortgage agreement showing the parent’s new residence
Travel records demonstrating the difficulty of adhering to the current arrangement
School records showing the impact of relocation on the child’s education
Testimony from teachers or caregivers about how the move affects the child’s daily life
If the relocation interferes with the other parent’s ability to spend time with the child, courts may adjust the schedule to maintain a balanced arrangement.
Changes in the Child’s Needs
As children grow, their physical, emotional, and educational needs change. A parenting time order that once worked may no longer serve the child’s best interests. Courts take such changes into account when considering modification requests.
Relevant evidence may include the details below:
Medical records indicating new health concerns that require adjustments in caregiving responsibilities
Academic reports showing a decline in school performance due to the current parenting arrangement
Statements from therapists, pediatricians, or educators detailing the child’s evolving needs
Extracurricular schedules demonstrating conflicts with the current custody arrangement
If a parent can demonstrate that the existing parenting time order no longer meets the child’s needs, the court may adjust the schedule accordingly.
Evidence of Parental Fitness Issues
If one parent exhibits behavior that negatively affects the child’s well-being, the other parent may request a modification to protect the child. Courts take allegations of abuse, neglect, or substance abuse seriously and require substantial evidence to support such claims.
Here are some types of evidence that may demonstrate parental unfitness:
Police reports or restraining orders related to domestic violence or criminal activity
Medical records documenting injuries or neglect
Witness statements from teachers, neighbors, or family members describing concerning behavior
Drug or alcohol test results indicating substance abuse problems
Counseling or psychological evaluations recommending a change in custody
Because allegations of parental unfitness can significantly impact custody arrangements, courts carefully evaluate the credibility and reliability of the evidence presented.
Noncompliance With the Existing Order
When one parent consistently fails to adhere to the parenting schedule, the other parent may seek a modification. Noncompliance can take many forms. Courts expect parents to follow court orders and prioritize the child’s well-being. Courts take violations of parenting orders seriously, as they can negatively impact the child's emotional stability and relationship with both parents.
Evidence supporting a modification based on noncompliance may include the following:
Text messages, emails, or recorded phone calls showing repeated cancellations or refusals to exchange the child as agreed
Documentation of missed visitations or late pick-ups and drop-offs
Statements from witnesses who have observed non-compliance
Court records of previous motions filed regarding violations of the parenting time order
If noncompliance significantly affects the child’s stability and well-being, a court may modify the parenting schedule to better serve the child’s interests. Some modifications could include adjusting the parenting schedule, imposing penalties on the noncompliant parent, or implementing safeguards to prevent further disruptions.
Child’s Preference
In some cases, a child’s preference may influence a court’s decision on modifying parenting time. While courts don’t allow children to dictate custody decisions, they may consider their wishes if they’re mature enough to express a reasoned preference.
Here are some examples of supporting evidence:
Statements from a court-appointed guardian ad litem representing the child's best interests
Testimony from counselors or therapists discussing the child’s emotional well-being
Written or recorded statements from the child (if permitted by the court)
Reports from child custody evaluators assessing the child’s relationship with both parents
If the child’s preference aligns with their overall well-being, the court may grant a modification to reflect their wishes.
Family Law Professionals in Modification Requests
A parent seeking a modification of a parenting time order can benefit from consulting professionals in family law.
Experienced family law attorneys can help gather relevant evidence, present a compelling case, and guide parents through legal procedures. Family law courts often require detailed documentation, and professional assistance can improve a parent’s ability to provide the necessary proof.
Additionally, in cases involving disputes, courts may appoint child custody evaluators or mediators to assess the situation objectively. These professionals examine the child’s living conditions, parental relationships, and overall well-being to make recommendations to the court.
Presenting Evidence in Court
When presenting evidence for a modification request, organization and clarity are crucial. Courts favor well-documented, credible information over anecdotal claims.
Parents seeking modification should follow the tips below:
Maintain a record of all interactions related to the parenting schedule.
Collect supporting documents, such as medical records, school reports, and written statements.
Be prepared to testify about their concerns and how the proposed modification benefits the child.
If applicable, present witness testimony from professionals or individuals familiar with the child’s circumstances.
Judges evaluate modification requests based on the evidence presented and the impact on the child’s overall well-being. Well-prepared documentation strengthens the likelihood of a favorable outcome.
Secure Your Parenting Time Order With a Family Law Attorney
Modifying a parenting time order can be challenging. It requires substantial evidence demonstrating a change in circumstances that affects the child’s well-being.
Courts consider various factors. Work with our attorney at Pesch Law Office PC today to improve your chances of obtaining a parenting time order that aligns with your child’s needs. We serve clients in the Denver metro area, Golden, Weld County, Broomfield County, Boulder, Jefferson County, Highlands Ranch, Douglas County, Littleton, Arapahoe County, Columbine, and Boulder County.
