Denver, CO family law attorney Chelsea Augelli talks when custody and visitation agreements can be modified under Colorado law. She explains that under Colorado law, with a few exceptions, the court has the authority to make or modify orders regarding parenting time as long as it is in the best interest of the child. There are two situations where this may not be the case. First, if there is an existing order and the child’s safety is at risk in one parent’s care, certain requirements must be met or the court must find that the child is no longer endangered in order to change the parenting time. Second, if there is a significant change in the parent with whom the child primarily resides, for example, if the child primarily lives with the mother and the parenting time is changed to the father, and the mother has the least amount of time while the father has the majority of the time, a two-year waiting period is required before a modification can be made.

In all other circumstances, the court has the discretion to modify parenting time as long as it is deemed to be in the best interest of the child.