G.  Modifying Parenting Time


C.R.S. § 14-10-129(1)(b)(II)(1.5)
A motion to modify parenting time may only be filed once every two years unless the court decides, on the basis of affidavits, that the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development, or the parent with whom the child resides is wishing to move the child away from the other parent.

C.R.S. § 14-10-129(2)
The court may modifying parenting time if it finds that a change has occurred in the circumstances of a child or custodian, and that modification is in the best interests of the child. The court may modify parenting time if:
  • The parties agree to the modification; or
  • The child has been integrated into the family of the moving party with the consent of the other party; or
  • The child’s present environment endangers the child’s physical health or significantly impairs the child’s emotional development, and the harm likely to be caused by a change of environment is outweighed by the advantage of change to the child; or
  • The parent with whom the child resides wishes to move the child away from the other parent.
C.R.S. § 14-10-129(1)(c)
A parent with whom the child resides wishing to move a child away from the other parent must provide notice to the other parent of the intent to move. The notice must be in writing, indicate where the party intends to reside, state the reason for the relocation, and propose a revised parenting plan. The court must hear the motion as soon as possible.  In determining the child’s best interests, the court should consider factors that include:
  • Whether credible evidence indicates that one of the parties has been a perpetrator of spouse abuse;
  • The factors considered for allocating parental responsibilities;
  • Reasons why the party wishes to relocate with the child;
  • Reasons why the party opposing the relocation is objecting;
  • History and quality of each party’s relationship with the child since any previous parenting time order;
  • The educational opportunities for the child at the existing location and at the proposed new location;
  • The presence or absence of extended family at the existing location and at the proposed new location;
  • Any advantage of the child remaining with the primary caregiver;
  • The anticipated impact of the move on the child;
  • Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and
  • Any other relevant factors bearing on the best interests of the child.
C.R.S. § 14-10-129(4)
A motion to restrict parenting time that alleges the child is in imminent physical or emotional danger must be heard and ruled upon within seven days. During that time, someone approved by the court as suitable, or a licensed mental health professional, must supervise the parenting time.