H.  Modifying a Decree Allocating Parental Responsibility

C.R.S. § 14-10-131(1)













C.R.S. § 14-10-131(2)
A motion to modify a decree allocating parental responsibility or custody may only be filed once every two years, unless the court decides, on the basis of affidavits, that continuation of the decree may endanger the child’s physical health or significantly impair the child’s emotional development.

The court may modify a decree allocating parental responsibilities if it finds that a change has occurred in the circumstances of a child or custodian, and that the modification is in the best interests of the child. The court may modify the prior decree if:

  • The parties agree to the modification;
  • The child has been integrated into the family of the moving party with the consent of the other party;
  • There has been a modification of the parenting time that warrants modification of the allocation of parental responsibilities;
  • A party has consistently consented to the other party making decisions for the child;
  • Maintaining the decree would endanger the child’s physical health or significantly impair 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.