Chapter 4 - § 4.11 • MODIFICATION OF THE ALLOCATION OF PARENTAL RESPONSIBILITIES

• Jurisdiction: Colorado

§ 4.11 • MODIFICATION OF THE ALLOCATION OF PARENTAL RESPONSIBILITIES

§ 4.11.1—Jurisdiction for Modification

The court entering the original custody or parental responsibilities order will retain jurisdiction for modification of such order. In re Marriage of Wells, 780 P.2d 62, 63 (Colo. App. 1989). Juvenile courts are granted authority to enter orders concerning parental responsibilities for a child when the child has come under the juvenile court's jurisdiction in delinquency or dependency and neglect actions brought pursuant to the Children's Code. These juvenile court orders may modify prior orders entered by a court under the UDMA. C.R.S. § 19-1-104(5).

In addition, Colorado courts have the authority to modify custody orders entered by courts of other states under certain circumstances. See § 4.11.7.

§ 4.11.2—Modification of Temporary Orders

Temporary orders entered by a court under the UDMA may be modified in two ways: by review of a magistrate's order by the district court judge or by further order of the court.

By District Court Review

As noted previously, each judicial district in Colorado is authorized to appoint magistrates to conduct temporary orders hearings. C.R.S. § 13-5-201(3); C.R.M. 6. Most of the larger districts now have magistrates who routinely hear motions for temporary orders. Either party may request a review by a district court judge of any order entered by a magistrate by filing a motion requesting a review within 14 days after entry of the magistrate's order if the parties were present when the order was entered, or 21 days if the order is mailed or otherwise transmitted to the parties. C.R.M. 7(a). However, the order must be final. C.R.M. 7. Not all provisions of a temporary order are deemed final, including temporary parenting time. In re Marriage of Henne, 620 P.2d 62, 64 (Colo. App. 1980). If a review is requested, the district court judge may reject or modify the magistrate's order by further order, which then becomes the order of the district court. C.R.M. 6. (For a further discussion of the role of the magistrate and appeals from a magistrate's decision, see Chapter 21.)

By Further Order

The court may modify or revoke a temporary order prior to final decree if a party presents an affidavit showing the facts necessary for modification or revocation of a final decree under C.R.S. § 14-10-122. C.R.S. § 14-10-108(5)(b). This means the party would have to show a change in circumstances so substantial and continuing as to make the original terms unfair. C.R.S. § 14-10-122. However, because children's issues are generally based upon best interests standards, the unfair standard set out in C.R.S. § 14-10-122 would not seem to be appropriate. Generally, courts will not consider a request for modification of temporary orders unless there is compelling reason for modification. Of course, if a child is in imminent physical or emotional danger due to temporary orders parenting time, a motion to restrict parenting time can be filed. C.R.S. § 14-10-129(4).

Example: Temporary orders are entered six months before the hearing on permanent orders is scheduled. However, the permanent orders hearing is continued for an additional eight months. Shortly after the hearing is continued, the mother's work hours change radically. As a result, under the parenting time schedule entered as a temporary order, the mother's parenting time is almost completely eliminated. Because the parties are unable to agree to a new schedule, the mother requests the court to modify temporary orders.
Practice Pointer
If modification of temporary orders is required, follow the procedures set forth in C.R.C.P. 16.2 for original temporary orders.

Practice Pointer
Since some courts will not modify temporary orders for anything other than emergency reasons, verify a particular court's practice before filing a motion for modification.

§ 4.11.3—Modification of Parenting Time

Standard for Modification

Colorado law specifically authorizes the court to modify a prior parenting time...