Q. How do I change my parenting time and/or custody/parental responsibilities arrangement?
A. The court can modify parenting time whenever it serves the best interests of the child, but it cannot change where the child resides the majority of the time, unless certain criteria is met, such as the child is endangered, the child has been integrated into the home of the other parent with the residential parent’s consent, or the parent with whom the child resides the majority of the time is moving and the move will substantially change the geographical ties between the child and the other parent.
Q. What is the process for modifying an order regarding custody and/or parenting time?
A. You can file a motion to modify with the court that originally issued the order and set forth the reasons why a modification is in the best interests of the child. The court will then most likely order you to attend mediation and, if there are still unresolved issues, the court will have a hearing on your motion and determine whether a modification would be in the best interests the child.
Q. What should I do when the other party is violating an order?
A. That depends. You have several legal options available to you depending on the nature of the order being violated and what remedy you are seeking with the court. Some examples of remedies include actions for contempt of court, reducing an amount owed to judgment and collecting, or filing for a modification of the order.
This information is not to be interpreted as providing legal services, nor as proposing any form of legal advice. By providing this general information, no attorney-client privilege is established. If you are uncertain about your legal rights, you should consider consulting with a qualified attorney. Specific questions should be directed to Kama McConaughy Sarkissian at (303) 649-0999.
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