JDF 1406 Motion to Modify Parenting Time: Instructions and Tips

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What JDF 1406 Is and When You Use It

JDF 1406 is Colorado’s “Motion and Affidavit to Change/Restrict Parenting Time.” It is the form a parent files when they want to modify an existing parenting time order and the other parent does not agree to the change — or when agreement hasn’t been reached yet.

If both parents agree to the modification, the form to use is JDF 1423 (Stipulation Re: Parenting Time Modification) instead. JDF 1406 is the unilateral path — one parent files it, the court serves the other parent, and the other parent has 21 days to file a written response under C.R.S. § 14-10-129.

JDF 1406 requires an existing court order concerning parenting time. It cannot be used to establish parenting time for the first time — only to change an order that already exists. The form is available as both .docx and .pdf at coloradojudicial.gov/self-help-forms.

For the full picture of how parenting time modifications work in Colorado — including the legal standard and what courts consider — see How to Modify Parenting Time in Colorado.

Before You Start — The Two-Year Rule

Colorado imposes a general two-year waiting period between parenting time modifications under C.R.S. § 14-10-129(2). If fewer than two years have passed since the last order modifying parenting time (or since the original order), the court will generally not consider a new modification.

There are limited exceptions. The two-year rule does not apply if the child’s present environment endangers the child’s physical health or significantly impairs the child’s emotional development, or if the child’s primary residence is changing. The JDF 1406i instruction sheet notes this requirement in its “Basic Information” section, and the form itself includes space to address it.

Count from the date of the last order that modified parenting time, not from the date of the original divorce decree (unless no modification has been filed since). If the original order was entered in June 2023 and no modification has been filed since, the two-year period ran from June 2023.

Completing the Form — Section by Section

JDF 1406 is structured as a combination motion and affidavit. The affidavit portion is where you describe, under penalty of perjury, the facts supporting the modification request. The key sections:

Case caption. Use the exact case number, court, and party names from the original case. If the original case was in El Paso County (4th Judicial District), the modification is filed there — even if one parent has since moved to a different county.

Parenting time changes requested. Describe the specific schedule changes you are requesting. Use calendar language, not legal argument: “I am requesting that the parenting schedule change from every-other-weekend to alternating weeks” is better than “the current schedule is unfair.” The form asks you to describe both the current parenting time arrangement and the proposed new arrangement.

Reason for the change. The form provides space to explain why you believe the modification is in the children’s best interest under C.R.S. § 14-10-129. Describe the factual circumstances — a job relocation, a change in the children’s school schedule, a change in either parent’s availability — rather than conclusions about what the court should do.

Affidavit statement. The form includes a declaration under penalty of perjury. Everything written on the form is made under oath. Factual accuracy matters.

Certificate of Service section. The bottom of JDF 1406 includes a built-in certificate of service. After filing, you complete this section to document how and when you served the other parent (or their attorney).

The Cross-Modification Checkbox

Near the bottom of JDF 1406, there is a checkbox that reads: “Check only if applicable. Due to this request to modify parenting time, I request that child support also be modified.”

The instruction sheet (JDF 1406i) does not explain what happens when you check this box. Here is what it triggers:

Checking the box converts a parenting-time-only filing into a dual modification. The court will require child support forms from both parties — including JDF 1111 (Sworn Financial Statement) from each parent, JDF 1104 (Certificate of Compliance), and a completed child support worksheet (JDF 1821). Both parents’ current incomes, employment details, and financial situations must be disclosed. A single checkbox adds a full financial disclosure requirement to a filing that would otherwise involve no financial documents at all.

The connection between parenting time and child support is mechanical. Under Colorado’s child support guidelines, each parent’s overnight count is entered into the Parenting Time Table at C.R.S. § 14-10-115(8)(h), which assigns a graduated credit percentage affecting the support calculation. When the parenting schedule changes, the overnight count changes, which changes the credit — which changes the support number.

Whether to check the box is a decision for the filing party. The JDF 1406i instruction sheet notes: “Consider if your request to change will modify child support. See JDF 1403i for more info.” The form does not advise whether to check it.

Companion Forms You’ll File Alongside JDF 1406

The JDF 1406i instruction sheet identifies the complete filing package. For a motion to modify parenting time, the required companion forms are:

JDF 1113 — Parenting Plan. Required. This is where you describe the proposed parenting schedule in detail — regular schedule, holidays, summer, transportation arrangements, and communication provisions. Indicate whether this is a “full” or “partial” parenting plan. If partial (meaning some terms are still in dispute), JDF 1129 (Pretrial Statement) is also required.

JDF 1424 — Order Re: Modification of Parenting Time. Required. Fill out only the case caption at the top. The court completes the rest.

JDF 1313 — Certificate of Service. Required after you serve the other parent. Documents the method and date of service.

If the cross-modification checkbox is checked, add these:

• JDF 1111 — Sworn Financial Statement (from both parents; must be notarized)
• JDF 1104 — Certificate of Compliance
• JDF 1821 — Child Support Worksheet (unified worksheet with Parenting Time Table)

JDF 1129 — Pretrial Statement. Only required if the parenting plan is partial (some terms disputed).

Filing and Serving the Motion

JDF 1406 is filed in the court that entered the current parenting time order, and the filing fee is $105. After filing, the other parent is served and has 21 days to file a written response. The parenting time process guide covers where to file, e-filing, fees, service and the response step.

FAQ — JDF 1406

What’s the difference between JDF 1406 and JDF 1423?

JDF 1406 is a motion — filed by one parent without the other parent’s agreement. JDF 1423 is a stipulation — filed jointly when both parents agree to the parenting time change. Both modify parenting time, but JDF 1406 involves a hearing and a 21-day response period; with JDF 1423, the court reviews the agreement and may enter an order or set a hearing.

Do I need a lawyer to file JDF 1406?

The form is designed for self-represented parties. The JDF 1406i instruction sheet provides step-by-step guidance. Whether to seek legal counsel is a personal decision based on the complexity of the situation.

What if I check the child support box and my ex doesn’t provide their financial statement?

The court can compel financial disclosure. If the other parent fails to provide JDF 1111, you can file a motion to compel. Non-compliance with disclosure requirements can result in sanctions.

Where do I get the form?

JDF 1406 is available at coloradojudicial.gov/self-help-forms in both .docx and .pdf formats. Use the version from the Judicial Branch website — third-party form sites may serve outdated versions.

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JDF 1406 is the starting point when one parent wants to change the parenting schedule and the other hasn’t agreed. The form itself is relatively short, but the companion forms — especially if the cross-modification checkbox is checked — expand the filing substantially. The Colorado Judicial Branch’s instruction sheet for this form (JDF 1406i) is available alongside the form at coloradojudicial.gov/self-help/change-court-orders/change-parenting-time.