After two spouses end their marriage, they may need to make arrangements for child custody and related issues, such as child relocation. While a divorce or legal separation is pending in Colorado, a parent cannot move any children of the marriage outside the state without permission from the other parent or a family law judge. After the marriage has been dissolved, a parent may take a child out of the state for a visit, but formal permission is necessary to permanently take the child out of the state.
For guidance in this potentially complex area, divorcing or former spouses should consult a skilled child relocation lawyer at the Denver firm of Plog & Stein, P.C. We have helped numerous individuals fight for or against the relocation of their children. Our entire team is prepared to protect your interests with the tenacity that you deserve.Thinking About Relocating a Child in Denver, CO?
During the process of dissolving a marriage, a parent sometimes wants to relocate a child as part of an initial custody decision. In many cases, however, a parent decides to move out of the state or to another part of Colorado after an existing custody order has been in effect for some time. Often, the reason for the move is related to the parent's job.
If the other parent objects, a Colorado family law court will do the following:
- Take into account where the parents want to live at the time of the divorce and make parenting time decisions for their children accordingly
- Evaluate what is in the best interests of the child under C.R.S. § 14-10-124 to decide whether relocation is appropriate
When a former spouse contests a projected move after an initial custody order has been made, a Colorado court must balance a parent's right to move with the decrease in parenting time for the other parent. If parenting time is equally shared, a parent who wants to relocate to a place that substantially changes the geographical relationship between the children and the other parent must give the other parent a written statement with four elements. A child relocation attorney in Denver can help a parent construct this statement.Under C.R.S. § 14-10-129(1)(a)(II), these elements consist of:
- A notice of intent to relocate the children
- The location where the parent intends to live
- The reason the parent is relocating
- A proposed revised parenting plan.
Once requested, child relocation hearings are given priority on a family law court's docket. The judge will look at whether relocation is in a child's best interests. There are no presumptions in favor of either parent.
At the hearing, the court will consider the following factors:
- Why a parent wants to relocate with the child
- Why the other parent objects to the relocation
- The quality of each parent's relationship with the child since the previous parenting time order was issued
- Educational opportunities for the child at either location
- The presence of extended family at either location
- Any advantage to the child in remaining with his or her primary caregiver
- How the move will be likely to affect the child
- Whether there is a reasonable parenting time schedule that can be created if the relocation is allowed
- Any other factors relevant to the child's best interests
Our firm's knowledgeable child custody attorneys have the skills and dedication to help you, whether you are a Denver parent hoping to relocate with a child or a parent who is concerned about losing valuable parenting time due to an ex-spouse's move. Our Denver child relocation lawyers understand that child relocation and the related court proceedings can be stressful, and we will take a compassionate, detail-oriented approach to your case for a higher chance of success. You don't have to do this on your own.