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))

Colorado law restricts motions to modify the party with whom the child(ren) reside a majority of the time within two years of a prior disposition on the same issue, absent a showing of endangerment. The parties represent:

☐ More than two (2) years have elapsed since the most recent order or disposition of a motion to change the party with whom the child(ren) reside a majority of the time.

☐ This motion does NOT seek to change the party with whom the child(ren) reside a majority of the time; therefore, the two-year restriction under C.R.S. § 14-10-129(1.5) does not apply.

☐ Although fewer than two (2) years have elapsed, the child(ren)'s present environment endangers the child(ren)'s physical health or significantly impairs the child(ren)'s emotional development, as described in Section 2 below.

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 prior to entry of modified orders.

SECTION 2. CHANGED CIRCUMSTANCES AND BASIS FOR MODIFICATION

2.1 Material Change in Circumstances

Pursuant to C.R.S. § 14-10-129, the parties stipulate that the following material change(s) in circumstances have occurred since entry of the Prior Orders, warranting modification:

[________________________________]
[________________________________]
[________________________________]

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

☐ 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 Domestic Violence Considerations (C.R.S. § 14-10-124(4))

☐ No credible evidence of domestic violence, child abuse, or child neglect exists.

☐ Credible evidence of domestic violence, child abuse, or child neglect exists. The court must follow C.R.S. § 14-10-124(4), which provides that when such evidence is found by a preponderance of the evidence, the court shall consider the safety and well-being of the child and the abused party as the primary concern when allocating or modifying decision-making responsibility.

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(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 Domestic Violence Presumption (C.R.S. § 14-10-124(4))

If the court finds by a preponderance of the evidence that a party has committed domestic violence, child abuse, or child neglect, C.R.S. § 14-10-124(4) creates a presumption that mutual (joint) decision-making responsibility is not in the child(ren)'s best interests. This presumption may be overcome only if the court finds that the parties can cooperate and make decisions jointly in a manner safe for the abused party and 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
☐ (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
☐ (IX) Whether one of the parties has been a perpetrator of child abuse or neglect, domestic violence, or sexual assault
☐ (X) The ability of each party to place the needs of the child(ren) ahead of his or her own needs
☐ (XI) Whether either party's parenting time should be restricted under C.R.S. § 14-10-129.4

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 (fees capped at $2,750 per C.R.S. § 14-10-116.5) to investigate the proposed modifications.

☐ The parties request appointment of a PRE (no statutory fee cap; must be licensed mental health professional per C.R.S. § 14-10-127(4)) for a comprehensive evaluation.

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 mediation requirement does not apply in cases of emergency or when a party seeks a temporary restraining order or emergency motion under C.R.C.P. 365 or C.R.S. § 14-10-129(4).

8.2 Parenting Coordinator

☐ The parties agree to appoint a Parenting Coordinator to assist in resolving day-to-day disputes regarding implementation of this agreement.

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 Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (C.R.S. § 14-13-101 et seq.). Exclusive jurisdiction lies in the District Court of [________________________________] County, Colorado.

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).
☐ A material change in circumstances has occurred since entry of the Prior Orders.
☐ The two-year filing restriction under C.R.S. § 14-10-129(1.5) has been satisfied or does not apply.
☐ The proposed modifications comply with C.R.S. § 14-10-124(4) regarding domestic violence.

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(4) — Domestic violence presumption regarding decision-making responsibility
• C.R.S. § 14-10-129 — Modification of parenting time
• C.R.S. § 14-10-129(1.5) — Two-year restriction on motions to change majority residential parent
• 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 (CFI) appointment and fee cap
• C.R.S. § 14-10-127 — Parental Responsibilities Evaluator (PRE) appointment and qualifications
• 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
• Family Court Facilitator Program: Available in most judicial districts for self-represented parties