Motion to Modify Allocation of Parental Responsibilities

STIPULATED MOTION TO MODIFY ALLOCATION OF PARENTAL RESPONSIBILITIES

State of Colorado — District Court

[________________________________] County

Case Number: [________________________________]

Division/Courtroom: [____]

In the Matter of the Allocation of Parental Responsibilities Concerning:

[________________________________] (Child/ren)

Petitioner: [________________________________]

Co-Petitioner/Respondent: [________________________________]

IMPORTANT COLORADO TERMINOLOGY NOTICE

Colorado does not use the terms "custody" or "visitation." Since 1999, Colorado law uses:

• "Allocation of Parental Responsibilities" (APR) instead of "custody"
• "Parenting time" instead of "visitation"
• "Decision-making responsibility" instead of "legal custody"

This document uses Colorado's statutory terminology throughout.

SECTION 1. PROCEDURAL BACKGROUND

1.1 Prior Orders

On [__/__/____], the District Court of [________________________________] County, Colorado, entered Orders Regarding Allocation of Parental Responsibilities in Case No. [________________________________] (the "Prior Orders") concerning the following minor child(ren):

1.2 Two-Year Filing Restriction Compliance

C.R.S. § 14-10-129(1.5) restricts a successive motion filed within two years when it seeks both a substantial parenting-time modification and a change in the party with whom the child resides a majority of the time, unless affidavits show endangerment or a qualifying relocation. C.R.S. § 14-10-131(1) separately restricts a successive decision-making modification motion filed within two years unless affidavits show endangerment. The parties represent:

☐ More than two (2) years have elapsed since disposition of the prior motion governed by C.R.S. § 14-10-129(1.5) or § 14-10-131(1).

☐ This motion does not substantially change parenting time and change the party with whom the child(ren) reside a majority of the time; therefore, the restriction in C.R.S. § 14-10-129(1.5) does not apply. Any decision-making request is separately evaluated under § 14-10-131(1).

☐ Although fewer than two (2) years have elapsed, affidavits establish reason to believe that the child(ren)'s present environment may endanger their physical health or significantly impair their emotional development, as described in Section 2 below.

☐ The exception in C.R.S. § 14-10-129(1.5) applies because the majority-residential Parent intends a relocation that substantially changes the child(ren)'s geographic ties to the other Parent.

1.3 Mandatory Disclosures and Standing Procedures

☐ A current JDF 1111 (Sworn Financial Statement) is on file or filed concurrently by each party, if required.

☐ The parties have complied with C.R.C.P. 16.2 mandatory disclosure requirements.

☐ Both parties have completed a court-approved parenting class, or will file Certificates of Completion, if ordered under C.R.S. § 14-10-123.7 or required by an applicable case-management order.

SECTION 2. CHANGED CIRCUMSTANCES AND BASIS FOR MODIFICATION

2.1 Applicable Modification Standard

For an ordinary parenting-time modification, C.R.S. § 14-10-129(1)(a)(I) applies the child's best interests. A modification that substantially changes parenting time and the majority-residential Parent must satisfy § 14-10-129(2); the parties' agreement is one permissible basis under subsection (2)(a). A decision-making modification must satisfy § 14-10-131(2), including changed circumstances, necessity to serve the child's best interests, and one of the statutory grounds; the parties' agreement is a ground under subsection (2)(a). The parties state:

[________________________________]
[________________________________]
[________________________________]

2.2 Endangerment Allegations (If Applicable — C.R.S. §§ 14-10-129(1.5), 14-10-131(1))

☐ Not applicable — no endangerment is alleged.

☐ The child(ren)'s present environment endangers the child(ren)'s physical health or significantly impairs the child(ren)'s emotional development, specifically:

[________________________________]
[________________________________]

2.3 Child's Preference

Colorado law considers the wishes of a child who is "sufficiently mature to express reasoned and independent preferences" (C.R.S. § 14-10-124(1.5)(a)(II)). Colorado does not set a specific age at which a child's preference controls.

☐ The child(ren) have not expressed a preference, or the child(ren) are too young to express a reasoned preference.

☐ The following child(ren) have expressed reasoned and independent preferences relevant to this modification:

Child: [________________________________]; Preference: [________________________________]

2.4 Abuse and Domestic Violence Considerations

☐ No evidence requiring findings for domestic violence, child abuse or neglect, or sexual assault resulting in conception has been presented.

☐ Evidence of domestic violence, child abuse or neglect, or sexual assault resulting in conception exists. Under current C.R.S. § 14-10-124(1.5)(a)(III.5), the Court must make findings on the record by a preponderance of the evidence. If the Court makes such a finding, subsections (1.5)(c) and (1.6) govern mutual decision-making and require the Court to treat the safety and well-being of the child and abused party as the primary concern and impose parenting-time conditions that ensure safety. Current definitions are in C.R.S. § 14-10-103(1.5), as amended by 2026 Colo. Sess. Laws, ch. 163.

SECTION 3. PROPOSED MODIFICATIONS TO PARENTING TIME

3.1 Current Parenting Time Arrangement

Under the Prior Orders, parenting time is allocated as follows:

[________________________________]
[________________________________]

3.2 Proposed Modified Parenting Time Schedule

The parties stipulate to the following modified parenting time schedule, effective [__/__/____]:

Regular Schedule (School Year):

Summer Schedule:

[________________________________]

3.3 Holiday and School Break Schedule

☐ The holiday schedule in the Prior Orders remains unchanged.

☐ The holiday schedule is modified as follows:

3.4 Exchange Logistics

Exchange Location: [________________________________]

☐ At the child(ren)'s school (school-day exchanges)
☐ At [________________________________] (neutral public location)
☐ At the receiving parent's residence
☐ Other: [________________________________]

Transportation Responsibility: [________________________________]

3.5 Relocation Provisions (C.R.S. § 14-10-129(1)(a)(II), (2)(c))

The parties acknowledge that under Colorado law, if either party intends to relocate with the child(ren) and the relocation would substantially change the geographic ties between the child(ren) and the other party, the relocating party must file a notice with the court and the other party. The court shall set a hearing on the proposed relocation with priority scheduling on the court's docket.

SECTION 4. PROPOSED MODIFICATIONS TO DECISION-MAKING RESPONSIBILITY

4.1 Current Allocation

Under the Prior Orders, decision-making responsibility is allocated as follows:

4.2 Proposed Modified Allocation (C.R.S. § 14-10-131)

☐ No change to decision-making responsibility is requested.

☐ Decision-making responsibility is modified as follows:

Basis for modification of decision-making: [________________________________]

4.3 Abuse Findings and Mutual Decision-Making (C.R.S. § 14-10-124(1.5)(c))

If the Court finds by a preponderance of the evidence that a party committed domestic violence, child abuse or neglect, or sexual assault resulting in conception, current C.R.S. § 14-10-124(1.5)(c) provides that mutual decision-making over the objection of the other party or the child's legal representative is not in the child(ren)'s best interests unless the Court specifically finds that it can occur without coercion, intimidation, retaliation, or risk of harm to the abused party or the child(ren).

SECTION 5. BEST INTEREST FACTORS (C.R.S. § 14-10-124(1.5))

The parties represent that the proposed modifications serve the child(ren)'s best interests, considering the following factors under C.R.S. § 14-10-124(1.5)(a):

☐ (I) The wishes of the child(ren)'s parents as to parenting time
☐ (II) The wishes of the child(ren), if sufficiently mature to express reasoned and independent preferences
☐ (III) The interaction and interrelationship of the child(ren) with parents, siblings, and other significant persons
☐ (III.5) The Court's required findings on relevant admissible evidence of domestic violence, child abuse or neglect, or sexual assault resulting in conception
☐ (IV) The child(ren)'s adjustment to home, school, and community
☐ (V) The mental and physical health of all individuals involved
☐ (VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child(ren) and the other party
☐ (VII) Whether the past pattern of involvement of the parties with the child(ren) reflects a system of values, time commitment, and mutual support
☐ (VIII) The physical proximity of the parties to each other as it relates to practical considerations of parenting time
☐ (XI) The ability of each party to place the needs of the child(ren) ahead of that party's own needs

For decision-making responsibility, the Court also considers under C.R.S. § 14-10-124(1.5)(b):

☐ The parties' demonstrated ability to cooperate and make decisions jointly
☐ Whether their past involvement reflects an ability to act as mutual decision-makers
☐ Whether mutual decision-making will promote more frequent or continuing contact with each Parent

Narrative Explanation: [________________________________]

SECTION 6. CFI/PRE INVOLVEMENT (C.R.S. § 14-10-116.5 / C.R.S. § 14-10-127)

☐ No Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE) was involved in this matter.

☐ A CFI was appointed. The CFI's report, filed [__/__/____], is incorporated by reference. The CFI's recommendations are:
[________________________________]

☐ A PRE was appointed. The PRE's evaluation, filed [__/__/____], is incorporated by reference. The PRE's recommendations are:
[________________________________]

☐ The parties request appointment of a CFI to investigate the proposed modifications. For privately paid appointments, Chief Justice Directive 04-08 sets a presumptive maximum investigation-and-report fee of $3,250, subject to a written order approving extraordinary fees.

☐ The parties request appointment of a PRE for a comprehensive evaluation. The report must be signed and supervised by a licensed mental health professional, and the evaluator must satisfy C.R.S. § 14-10-127(1)(b) and (4).

SECTION 7. ADDITIONAL PROVISIONS

7.1 Supervision Modifications

☐ Not applicable.

☐ The following changes to supervised parenting time are proposed:

[________________________________]

7.2 Right of First Refusal

☐ If either parent is unavailable to care for the child(ren) for more than [____] consecutive hours during that parent's parenting time, that parent shall first offer the parenting time to the other parent before arranging third-party childcare.

☐ No right of first refusal applies.

7.3 Communication Between Parent and Child

The parent not exercising parenting time may have telephone/video contact with the child(ren) at reasonable times, generally: [________________________________]

7.4 Non-Disparagement and Parental Cooperation

Each party shall refrain from making negative remarks about the other party in the child(ren)'s presence or hearing, and shall not allow others to do so. Each party shall actively support the child(ren)'s relationship with the other party.

7.5 Substance Use Restrictions

Neither party shall consume alcohol to impairment or use controlled substances (other than as lawfully prescribed) during parenting time or within [____] hours prior to the start of parenting time.

7.6 Ongoing Provisions from Prior Orders

All provisions of the Prior Orders not expressly modified herein remain in full force and effect.

SECTION 8. DISPUTE RESOLUTION

8.1 Mediation Requirement

Before filing any motion to enforce or further modify this agreement, the parties shall participate in mediation with a qualified mediator. The cost of mediation shall be shared as follows: [________________________________].

This contractual mediation requirement does not apply in an emergency, including a motion alleging imminent physical or emotional danger under C.R.S. § 14-10-129(4).

8.2 Parenting Coordinator

☐ The parties request that the Court appoint a Parenting Coordinator under C.R.S. § 14-10-128.1 to assist in resolving implementation disputes.

Parenting Coordinator: [________________________________]
Fee allocation: [________________________________]

☐ No Parenting Coordinator is appointed at this time.

8.3 Forum and Governing Law

This matter is governed by Colorado law, including the Uniform Dissolution of Marriage Act (C.R.S. § 14-10-101 et seq.) and the UCCJEA (C.R.S. § 14-13-101 et seq.). If a Colorado court made the prior determination consistently with C.R.S. § 14-13-201 or § 14-13-203, it retains exclusive, continuing jurisdiction only until a condition in C.R.S. § 14-13-202 ends that jurisdiction.

SECTION 9. STIPULATION AND REQUEST FOR COURT APPROVAL

The parties stipulate and agree to the modifications set forth above. The parties represent that:

☐ Each party has entered into this agreement voluntarily, without coercion or duress.
☐ Each party has had the opportunity to consult with independent legal counsel.
☐ The proposed modifications are in the child(ren)'s best interests.
☐ The parties have disclosed all material information relevant to the child(ren)'s welfare.

WHEREFORE, the parties respectfully request that the Court approve and incorporate this Stipulated Motion to Modify Allocation of Parental Responsibilities and enter modified orders consistent herewith.

EXECUTION

Parent/Petitioner:

Signature: _________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Parent/Co-Petitioner/Respondent:

Signature: _________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Attorney for Petitioner (if applicable):

Signature: _________________________________

Name: [________________________________]

Colorado Attorney Reg. No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Attorney for Respondent (if applicable):

Signature: _________________________________

Name: [________________________________]

Colorado Attorney Reg. No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Email: [________________________________]

ORDER

THE COURT, having reviewed the foregoing Stipulated Motion to Modify Allocation of Parental Responsibilities and any CFI/PRE report, and having considered the factors set forth in C.R.S. § 14-10-124(1.5) and C.R.S. § 14-10-129, finds:

☐ The proposed modifications serve the best interests of the child(ren).
☐ The applicable standard in C.R.S. § 14-10-129 or § 14-10-131 is satisfied.
☐ Any applicable two-year filing restriction under C.R.S. § 14-10-129(1.5) or § 14-10-131(1) has been satisfied or an exception applies.
☐ The proposed modifications comply with current C.R.S. § 14-10-124(1.5)(c) and (1.6) regarding domestic violence, child abuse or neglect, and sexual assault resulting in conception.

IT IS THEREFORE ORDERED that the Prior Orders are modified as set forth in the Stipulated Motion above. All provisions of the Prior Orders not expressly modified herein remain in full force and effect.

Date: [__/__/____]

_________________________________
District Court Judge
[________________________________] County District Court
State of Colorado

SOURCES AND REFERENCES

• C.R.S. § 14-10-124 — Best interests of the child (parenting time and decision-making factors)
• C.R.S. § 14-10-124(1.5)(a)(III.5), (1.5)(c), and (1.6) — Abuse findings, mutual decision-making, and parenting-time safety
• C.R.S. § 14-10-103(1.5) — Current coercive-control and domestic-violence definitions
• 2026 Colo. Sess. Laws, ch. 163 (H.B. 26-1309) — Immediate amendments effective May 27, 2026
• C.R.S. § 14-10-129 — Modification of parenting time
• C.R.S. §§ 14-10-129(1.5), 14-10-131(1) — Two-year filing restrictions
• C.R.S. § 14-10-129(2)(c) — Relocation provisions and priority scheduling
• C.R.S. § 14-10-131 — Modification of decision-making responsibility
• C.R.S. § 14-10-116.5 — Child and Family Investigator appointment
• C.R.S. § 14-10-127 — Parental Responsibilities Evaluator (PRE) appointment and qualifications
• Chief Justice Directive 04-08 — CFI standards and presumptive private-pay fee cap
• C.R.S. § 14-10-123.7 — Discretionary parental education orders
• C.R.S. § 14-10-128.1 — Parenting coordinator appointment
• C.R.S. § 14-13-202 — Exclusive, continuing UCCJEA jurisdiction
• C.R.S. § 14-13-101 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• C.R.C.P. 16.2 — Case Management in Domestic Relations Cases
• JDF 1411 — Instructions to Modify Decision-Making Responsibilities or Parenting Time
• Colorado Judicial Branch Self-Help: https://www.coloradojudicial.gov/self-help-forms
• Check the applicable judicial district for available family-court facilitator services and local procedures.
• Official current-law materials: Colorado Revised Statutes, Title 14 (2024 consolidated PDF); H.B. 26-1309 bill page and signed-act status; H.B. 26-1309 final act text; Chief Justice Directive 04-08; Rule Change 2026(11), C.R.C.P. 16.2; JDF 1411