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Colorado Springs Divorce Attorney: How to modify an existing custody order

Tuesday, 02 March 2010

After a divorce is finalized, changes can still occur with regard to custody.  This is particularly true if one parent decides to relocate, or if there is a remarriage that affects the living situation of minor children.  Sometimes one parent develops a substance abuse problem that affects their ability to make decisions on behalf of the children.  Whatever your situation, a Colorado Springs divorce attorney can guide you through post-decree modifications to an existing custody order.

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When one party seeks to change a custody order, against the wishes of the other parent, the court will want to look closely at any developments that have arisen since the original decree.  If a change in circumstances has occurred that directly impacts the best interests of the children, then the petitioning party must provide evidence of this in family court. 

Oftentimes, when one parent has a diminished role in the everyday lives of his or her children, the court will allow the custodial parent to assume the sole decision-making role, instead of making decisions mutually.  This is especially true when the current decision-making allocation presents a danger to the physical or emotional health of the child. 

However, if one party is unable to obtain agreement from the other party to modify the existing parenting plan, it often makes sense to seek assistance from a mediator.  Not only will this reduce the expense to the parties by helping them to avoid court proceedings, it can also prevent the emotional turmoil of a lengthy litigation.  Whether a decision is made during mediation or through a court of law, a Colorado Springs divorce attorney can help improve the chances of a successful modification. 

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