FORT COLLINS
CHILD CUSTODY MODIFICATION LAWYERS
Fort Collins Child Custody Modification Attorneys
During a divorce, even the most common steps of your daily life are changed, and that’s especially true for children affected by the process. Your daily schedule, living situation, income, and assets all go through transitions while you adjust to your new normal. Though this can feel overwhelming at first, families eventually adjust, and each change begins to feel like an old habit.
Just because your family goes through significant changes during this time does not mean that nothing can ever change again. Once the dust has settled, many families find that their new situations need to be modified to accurately fit their needs. Even if this isn’t the case, life goes on, and eventually, the situation turns into something different than it was.
When it comes to scheduling parenting time during divorce, it can be easier to schedule on paper than to do so in real life. However, like all other adults, parents have entire lives outside of their children, and sometimes those lives make custody messy and complicated. In these cases, it is helpful to know that child custody modification is an option.
Kinds of child custody
Every family is different. Because each one has its own needs, there are many different ways to structure child custody. However, in all situations, the judge will choose a schedule that is best for the children involved. This is always the court’s top priority.
Joint Or Shared Custody
In shared custody arrangements, both parents provide housing and guardianship to the child or children involved. Sometimes, this means that the child or children spend equal amounts of time with each parent. In other cases, weekdays are spent with one parent and weekends with another, for example. There are many different examples of how to schedule joint custody.
Sole Custody
In sole custody, one parent cares for the child or children 100% of the time. This often occurs when one parent is far more fit to care for the children when one spouse moves far away, or one parent does not have an interest in parenting their children.
Sole Custody With Visitation
Many people call this “partial custody,” and that can be true in some cases. Sole custody with visitation means that one parent has primary care of the child or children, and the other parent is permitted to see or visit with them during strictly enforced times. However, this can also mean that one parent gets most custody, and the other parent cares for the children on rare occasions, such as every other weekend.
frequently asked questions Reasons to ask for modifications
Because they represent a significant legal process, modifications cannot be done on a whim. However, there are set reasons that a court may accept a modification and allow families to legally change their arrangements.
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Relocation
Co-parenting does not mean that the child’s parents have to stay in the same place forever. If one of the child’s parents moves away, the child custody arrangement will need to change.
However, it is important to note that parents cannot always move away whenever they wish. For custodial (primary care) parents especially, the court can require them to stay in the state if they plan to relocate the child with them.
Overall, if the relocation of one parent makes it difficult for the other parent to uphold their custody agreement, or if the move has a significant impact on the child, a modification may be made to the child custody and child support agreements.
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The Child Has Different Needs
As children grow, their set of needs often change. Though a toddler or young child may need time, attention, and financial support, a high school student is often reasonably self-sufficient. Once they are of age, they may get a job, join extracurriculars, or start/stop playing sports. All this can affect the amount of time, effort, and money each parent needs to commit to raising the child.
Similarly, a child’s needs can change after being diagnosed with a disease, disorder, mental illness, disability, etc. For example, more financial support may be required from each parent. Or, one parent may be more capable of caring for the child, and the custody arrangement may need to be changed.
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Custody or Support ViolationsIf one parent violates the agreement, the court may decide to change the agreement altogether. Though this does not dismiss the parent from their obligations, a new arrangement may ensure that both parents contribute. For example, if a parent is supposed to have custody every other weekend but repeatedly does not show up to pick up the children, the court may decide that that parent should pay more child support instead of custody.
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Parental Situations Have Changed
If a parent’s financial situation changes, such as earning a promotion or losing a job, they may need to modify the amount of child support they are paying.
If their physical situation changes, they may need to modify their child custody arrangement. For example, if a parent had been struggling with addiction when the child custody arrangement was created, they may have been deemed unfit to care for the kids. However, if the parent achieves three years of sobriety, the court may allow them custody of their children.
No matter the situation, financial or physical, the court has to see compelling evidence that the situation is different from when the agreement was created.
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The Current Situation Poses Danger to the Children
If it comes to light that the children are unsafe with one of the parents or are somehow being put in danger via the current agreement, a modification is warranted.
For example, if the parents have shared custody and the father’s new live-in girlfriend begins to physically abuse the kids, a modification is necessary to omit the father from having custody.
A modification can be requested in any situation in which the children encounter physical abuse, sexual abuse, violence, negligence, or other repeated dangers.
Our Attorneys Meet Your Legal Team
At Johnson Law Group, our team of skilled and understanding legal professionals proudly provides comprehensive and efficient legal services for all clients.
What if the supporting parent can't pay child support?
It is possible to seek a modification if the supporting parent cannot provide the child support initially discussed. However, the supporting parent should seek the court’s input on the situation regardless of whether a modification is made. Missed or late payments often accrue interest or penalties, only making the problem worse. If the supporting parent has fallen on hard times, the court may find a solution that alleviates the financial pressure until they get back on their feet.
It is important to note that modifications do not pardon a supporting parent for any missing or late payments. They will still need to pay those support payments, even if the modification relieves them of future ones.
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Individualized AttentionJust as each family is unique, so is each family legal matter. We always take the time to completely understand your situation so that we can tailor our advice and strategy accordingly.
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Supportive CounselWe never lose sight of the fact that divorce and other household conflicts can feel overwhelming. Our family lawyers will answer all of your questions to ease your burden in this difficult time.
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They were very professional and showed heart warming empathy towards me. The entire group treated my like an actual person and not just another client. My questions were always answered in a timely manner and the process was so easy. I would absolutely recommend the Johnson Law Group to anyone reading this and I will be telling anyone I know, that may also need their services. They will treat you right and be in your corner.- Kimberly D.
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I appreciate all the help my attorney and paralegal has done for me in the best interest of my daughters future. They’re all most knowledgeable, caring law group! I couldn’t have done it without their genuine support on representing my case(s). I’m grateful for all they have done for my daughter and I.- Bonnita
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They’re professional and supportive team work was beyond efficient and they got the job done in the least amount of time and with the least stress possible. They’re an amazing team to help with family needs and are always available to answer any questions or support. I would definitely recommend Myles and Genet Johnson for any family legal needs.”- M.A.
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From the initial phone call I spoke to Myles Johnson, he gave great direction on how to proceed. Then acquiring the firm as my legal representation I worked with Said and he helped me step by step to get what I was looking for. I have already recommended two different individuals I know to Johnson Law Group and will be using them for all future situations. From the legal team to Cory at the front desk, everyone at the firm is top-notch.- Brady M.
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Myles is the best representation for anyone who has to go through an APR case. From day 1 he was very welcoming and attentive to me and what I was going through. I always felt very respected by him and the other members of his firm. Myles always took the time to really investigate any information or things involved with my case. I knew he was truly invested in my best wishes. When there were deadlines that needed to be met, they always were. If I was ever confused about a process, paperwork or court proceedings Myles took the time to explain and make sure I was comfortable and understood what was going on. All the way through Mediation. He was an absolute success and I could not have asked for better representation. I will always recommend Myles to anyone in need an attorney.
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Myles is the most amazing attorney to ever exist. He is always responsive. Cut me a couple deals with phone conversations. He was so helpful throughout the entire process and really cares for his clients. My family would not be whole if it wasn’t for him. I will forever be indebted to him and would refer anyone that needs a family law attorney to this practice. Thank you so much Myles.- Corey
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Very professional, and caring. Everything was handled well, they listened to all my concerns, and responded in a timely manner. I would highly recommend using Johnson Law Group, they are amazing!- Sonja
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I was in a very difficult custody/child support dispute with my ex-spouse. The Johnson law Group and in particular Elizabeth Gregory was phenomenal with their representation of my case. Working with her was such a wonderful experience, kept our goals at the top of every conversation, knew all points and avenues that we could take, never lead us in the wrong direction. I would recommend this firm to anyone who is going through a family law issue.- Liz
CONTACT JOHNSON LAW GROUP
Here at Johnson Law Group, we provide families with the legal advice they need to move forward. Whether you are divorcing, drafting a child support agreement, or modifying, we can help you create a family structure that works for you in the present moment.
For more information or to schedule a consultation, contact us today. We understand the complexities of divorce law. We can offer you experienced and compassionate help for your next steps.
