The end of a marriage can bring significant changes to the life of a child. He or she may experience upheaval, emotional trauma and changes to his or her everyday life that may be detrimental to his or her well-being. In many cases, parents make custody decisions that will minimize continued duress on the kids and provide them with as much stability and security as possible.
The decisions you made during your divorce may no longer make sense, or you may believe another schedule will be best. There are times when it is appropriate to seek a modification to an existing order to benefit the child and protect his or her best interests. If you believe that a change is necessary, you will benefit from seeking guidance regarding how the modification process works and what you can do to make sure that your kids have protection and as much continuity of lifestyle as possible.
What determines the best interests of a child?
It may be possible to secure a modification to your child custody order based on a mutual agreement between you and the other parent of your children. However, it is not always possible to agree on changes, and you may have to present your request for a modification to the court. As with all types of custody and visitation decisions, the court will prioritize the best interests of the children above everything else. Factors that the court may consider include:
- Accusations of drug or alcohol abuse by one parent
- Specific requests from the child
- Health needs of the child or limitations of one parent to provide care
- New work schedules of the parents
- Stability of the child’s current home life
- Emotional and educational development of the child
The court will carefully consider these factors and more as it evaluates documentation and looks at cases presented by the two parents.
Your parental rights
As a Colorado parent, you have the right to seek the best possible outcome on behalf of your children. If you have concerns about your current child custody and visitation schedule, you may find it helpful to seek an evaluation of your case and explanation of the legal options available to you. It may be possible to modify your current order to terms that will benefit your children for years to come.