Golden, CO Modification Lawyer

Golden, CO Modification Attorney

When a judge signs a final decree of divorce, that may end your time in family court. However, moving forward may mean significant changes in your life or in that of the other party. These changes may prompt you to seek modifications for child custody, child support, spousal support, or other settlements from the divorce. When you need a modification, you can hire a Golden, CO family lawyer to represent you in that effort.

If you are seeking to modify a divorce decree, having an attorney can be crucial for navigating the complexities of the modification process. Our highly respected lawyers can guide you through the legal requirements and help you negotiate adjustments to the decree. At The Law Center P.C., we can help you successfully modify a child custody, child support, or spousal support order. We use our knowledge and experience to put the needs of our clients first.

Common Reasons to Request Divorce Decree Modifications

Divorce decree modifications are more common than you may think. Changes in your financial circumstances, for example, could mean that you are unable to pay child support or spousal support at the level that you are currently required to pay. On the other hand, significant changes to work, such as a promotion, could mean the other party is entitled to a greater amount. Other common reasons for a modification could include:

• A serious illness or the development of a disability could be one of several reasons someone is no longer able to pay their court-ordered obligations.
• As your child grows, their needs also change. They may have increased expenses related to their education, healthcare, or extracurricular activities that necessitate a modification in child support.
• If one parent needs to relocate for a job or other reasons, modifications to custody arrangements or visitation schedules may be needed to reflect those changes.
• If one party consistently fails to comply with the terms of the original divorce decree, the other parent can ask the court to adjust the custody agreement. When one parent does not pay child support or habitually fails to exercise their visitation rights, the courts could see this as grounds for restricting the non-compliant parent’s access to their children.

These are just a few of the reasons that could lead to seeking a modification. No matter your unique circumstances, discussing your options with a family law attorney can help.

Petitioning the Court for Divorce Decree Modification

In Golden, CO, the first step when seeking a modification to your divorce decree is to consult with an attorney to determine if there are valid grounds for modification. For a family court judge to consider your petition, they generally want to see that there has been a substantial change in circumstances since the original decree was issued. This can include changes such as job loss, increased income, relocation, health issues, or non-compliance with the current decree.

Once your attorney finds that you have grounds for petitioning a court for child custody, spousal support, or child support modification, you can gather documentation supporting your request, such as financial records, medical reports, proof of job loss or income change, or other relevant evidence.

Your attorney can prepare a formal motion for modification with the court that issued the original divorce decree. The motion must clearly state the reasons for the requested changes and include supporting evidence.

The other party must be notified of the legal proceedings via a qualified service processor. This ensures that they are aware of the request and have an opportunity to respond.

At the scheduled court hearing, both parties will present their cases. The judge will then consider the evidence and arguments before deciding. If the modification is granted, the judge will sign a new order reflecting the changes to the divorce decree. If the other party fails to adhere to the modified terms, further legal action may be necessary to enforce the decree.

FAQs About Golden, CO Modification Law

Can You Modify a Parenting Plan Without Going to Court in Colorado?

Any parenting plan that was signed by a judge can only be modified by another judge who has equal authority. If your plan was signed by a district judge, you will need to hire an attorney who can go back to that same judge or another district judge authorized to preside over family court cases when seeking a modification to your parenting plan. It is vital that you never modify any arrangement in the divorce decree with the court’s approval, even if you are on amicable terms with the other party.

What Is an Emergency Motion to Modify Child Custody in Colorado?

An emergency motion is typically filed when there are immediate concerns for the child’s safety, health, or welfare. Your attorney will have to file a motion that details the urgent nature of the request. At the emergency hearing, your attorney can argue that the current orders require urgent modification. This is often given as a temporary order. Follow-up hearings are typically scheduled where both parents can argue for and against maintaining the modified directives.

How Are Parents’ Decision-Making Rights Determined in Colorado?

Parent’s decision-making rights are determined during a divorce through the family court system. When both parents can agree to the terms of the legal custody of their child, the courts will generally honor those agreements if they serve the interest of the child. Decision-making rights, also known as legal custody, are established once a judge signs a final decree of divorce. In cases where both parents cannot come to an agreement on decision-making rights, a judge may ultimately make that decision.

Can You Modify a Divorce Decree in Colorado?

With the help of a family law attorney, you can petition the court that has jurisdiction over your case to modify your divorce decree. Your attorney can gather evidence to show that there has been a substantial change to the living circumstances of the child or one of the parents. If the judge approves the changes, they will amend the divorce decree and sign the new modified decree.

Contact Golden Modification Lawyer

Our attorneys can represent you if you are seeking a modification or were notified that your ex-spouse is seeking to modify part of your divorce decree. The Law Center P.C. works on behalf of our clients to ensure that their modification needs are met. Contact us today to schedule a consultation and get the support you deserve.