How can I get custody of my child after a divorce is entered? Well, usually the parties in a divorce action are going to include the parenting plan as part of their discussions. If you’ve gone to court and a judge has, for some reason, entered orders against you limiting your contact with your child or your children, then those orders are going to stay in place for the foreseeable future. There are proceedings in Colorado that occur when a parent has filed a motion to modify parenting time or parental responsibility.
There’s also restrictions on when a parent can ask for a change of primary custody of a child. If you’ve gone through a final orders hearing in front of a judge, of course the first remedy you have is to seek an appeal of the judge’s order to the Colorado Court of Appeals, if you do not believe that the judge was fair in issuing final orders and parenting orders. The other is to wait and file a motion to modify parenting time or parental responsibilities.
The law is really clear about this, that unless the court is presented with some evidence that the primary parent is a danger to a child some way or that that parent is unfit in some way. That means that there exists factual circumstances that can be proven in court that the primary parent cannot parent a child in a safe manner, a judge is not going to change the primary parent who has custody of the children. This is another reason why it’s always important to sit down with a qualified lawyer and discuss what evidence you believe exists that would warrant a change in custody so you can get your children to live primarily with you.