This form, Instructions for Motion for Modification of Child Custody, is to be used if you already have obtained a Court order for Child Custody and want to modify it. This is an official form from the Colorado State Judicial Branch, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Colorado statutes and law.
Aurora Colorado Instructions to File a Motion or Stipulation to Modify Custody or Decision-Making Responsibility If you are located in Aurora, Colorado, and you need to file a motion or stipulation to modify custody or decision-making responsibility for your child, it is crucial to understand the proper steps involved. This detailed description will guide you through the process, ensuring you have the necessary information to approach the matter confidently. 1. Determine if modification is necessary: Before filing a motion or stipulation, assess if a significant change in circumstances has taken place since the initial custody or decision-making arrangement. Examples of qualifying changes may include relocation, increased risk to the child's well-being, or a substantial change in one parent's situation that affects their ability to care for the child. 2. Consult an attorney: While not mandatory, it is highly recommended consulting with a family law attorney in Aurora, Colorado, to determine the best approach and ensure legal compliance. A skilled attorney will provide personalized guidance, evaluate your case's merit, and help you understand all the relevant laws and regulations. 3. Understand the court's jurisdiction: Familiarize yourself with the court that has jurisdiction over your case. In Aurora, Colorado, family law cases are generally heard in the 18th Judicial District Court. Ensure your motion or stipulation is filed in the appropriate court to avoid unnecessary delays or complications. 4. Obtain the necessary forms: Visit the official website of the Colorado Judicial Branch or the 18th Judicial District Court to access the appropriate forms required to file a motion or stipulation for custody or decision-making modification. Varieties of forms may exist, such as IDF 1313 for Petition to Modify Parental Responsibilities or IDF 1314 for Stipulation to Modify Parental Responsibilities. 5. Complete the forms accurately: Carefully fill out the forms, ensuring all sections are completed accurately and comprehensively. Double-check the information you provide to minimize any potential errors or omissions that could affect your case. Be clear and concise in explaining the requested modifications and supporting arguments. 6. Gather supporting documents: Compile any documentation that supports your request for modification. This might include documents reflecting a change in income, medical reports, police records, or any evidence relevant to the child's best interests. Ensure all documents are organized in a logical and easily accessible manner. 7. Serve the other party: Once the motion or stipulation is complete, serve a copy to the other party involved. Follow appropriate legal procedures to ensure proper service is made, including adhering to the required timeframe and using acceptable methods, such as certified mail or personal service through a process server. 8. File the motion or stipulation: Bring the completed forms, along with any supporting documentation, to the designated court. Pay any applicable filing fees unless a waiver has been obtained based on financial need. Retain copies of all documents for your records. 9. Attend the hearing: After filing, wait for a hearing date as assigned by the court. Prepare for the hearing by reviewing your case, understanding the arguments presented, and being ready to provide further information if required. It is recommended to have legal representation during the hearing to ensure your rights are protected and represented effectively. Different types of Aurora Colorado Instructions to File a Motion or Stipulation to Modify Custody or Decision-Making Responsibility may include emergency motions, post-decree modification motions, or joint stipulations for modification. Each type may have specific requirements and processes that need to be followed. Remember, this detailed description serves as a general guide and should not substitute legal advice. Consult with a qualified attorney to address your specific circumstances and receive personalized instruction regarding your motion or stipulation to modify custody or decision-making responsibility in Aurora, Colorado.
