How Does Mediation Compare to Court Trials in Colorado Springs Divorce Proceedings?

What Is Mediation

At its heart, mediation is a process that brings parties that are in conflict together through calm discussion and problem-solving. It is far more informal than a court trial and litigation. The goal is to facilitate dialogue between the parties through a neutral third person or a mediator and eventually reach dispute resolution.

At Liberty Law Center, we understand that sometimes family circumstances change, and parenting plans and divorce agreements require modification. If you find yourself in this situation or believe the current plan is unjust, we can help you change or modify the terms of your agreement or set up mediation between you and your ex. Don’t give up your rights. Call us today for a consultation at 719-733-9153.

What Are Some of the Reasons A Parenting Plan Might Be Modified?

Someone might want to modify their parenting plan/divorce agreement for many reasons. The family court must approve all modifications to a formalized custody agreement and parenting plan in Colorado. You must have a valid reason for wishing to modify the plan. Disliking the other parent or desiring to limit their access to the children out of spite when it is not in the children’s best interest is not a good enough reason, and the court will reject it. When seeking to modify a parenting plan, you always consider, first and foremost, if it is in your child’s best interest.

Examples of Valid Reasons for Modification,

• My ex-husband got a DUI last month, and I want to change my parenting time order to prevent my child’s father from having unsupervised visits
  with my daughter
• I want to change my parenting time order because my ex-wife never exercises her parenting time, and my child needs to know I am on their side and the most stable force in their life.
• I was given limited parenting time in the original divorce agreement; my circumstances are different now, and I want to be more stable and a permanent fixture in my children’s lives

How do I Modify Parenting Time?

Multiple avenues exist to modify your parenting time. Liberty Law Center’s qualified and empathetic family law lawyers will help you determine the best path for your situation.

Some examples of modifications include

• Informal mediation – The court often wants to see that parents have tried to reach a neutral ground before turning to litigation. Private mediation services are available to assist you if you require them. Your lawyer can refer you.
• Liberty Law Center can help answer your questions if the court has ordered mediation.
• Informal Agreement—Some Parents can agree about the proposed changes independently and merely have questions or need help drafting an informal agreement. Your Knowledgeable legal team at Liberty Law Center is ready to help you. And will answer any questions you have.
• Formal Petition to the Court – If you cannot agree with your children’s other parent, you must file a petition to modify with the court. The purpose of this petition is to notify the court and your co-parent that you want to change the Parenting Time Order. Under Colorado Law, a court must find a material change in circumstances that directly affects the welfare of the children and that a change is in the children’s best interest. Seek the assistance of a qualified legal team to advise you of your rights and responsibilities during this process to ensure your children’s needs are met, and intense emotions don’t override their best interests.

What Are The Requirements to Modify Parenting Time?

Some basic requirements must be met for the court to consider a petition to modify
Parenting Time in Colorado.

• It must have been at least a year since the current parenting order was entered. The only exceptions to this rule are if the child is in danger or the other parent is not following the parenting plan
• The second requirement is that you must prove to the court that there has been a “substantial and continuing change of circumstances,” that the proposed change directly affects the well-being or welfare of the child and that it is not only requested out of spite or to limit the other parent’s access to the child.

What Happens After I File a Petition to Modify?

It is natural to have some anxiety at this time. Don’t worry. There is a standard process. The first thing that needs to happen is that the other party must be served with the Petition to Modify. After receiving notice, they have 20 days to respond ( or 30 days if they live out of state ). The final stage is when the court date is set after they have responded.

What If the other Parent Ignores the Petition?

Sometimes, the other parent needs to be more invested in the process. If they ignore the petition, it is best to seek legal counsel. In this situation, you may be able to pursue a default action from the court. Your lawyer can best advise you about all your legal options in this scenario.

When should I Call A Family Law Attorney For Help With Parent Modification?

Modifying a Court Order is never simple. You have to prove to the Court that a significant enough change has allowed the court to consider modifying the original order. At Liberty Law Center, we are prepared to help you through the maze of Liberty Law Center. We will stand by your side from beginning to end. Call
719-733-9153 for a consultation.