After a divorce, a spouse may want to move. They may want to move to the adjacent county, maybe to another part of the state, or maybe across the country.
Being able to freely move is a fundamental right in the United States. The court does not have the authority to require a parent to live in a particular place. When it comes to relocating a child, Colorado family courts have the authority to decide whether a parent may move with the child.
If you are considering moving with your child, whether out-of-state or just to another town, making the current parenting time unworkable, you need to get court approval. You cannot simply take your child and leave.
Reasons for Divorce Relocation
Colorado Law Considers many factors, including but not limited to:
- Job opportunities. One of the common reasons for parental relocation is for better job prospects.
- Family obligations. Family circumstances such as caring for aging parents or other relatives may necessitate a parental relocation.
- Support network. Moving closer to extended family or a supportive social network can provide valuable assistance with childcare, emotional support, and other aspects of parenting.
- Educational opportunities. Parents may relocate to provide better educational opportunities for their children, whether it’s enrolling them in a better school district or accessing specialized educational programs.
- Cost of living. High living expenses in one area might prompt a parent to relocate to a more affordable location where they can provide a better quality of life for their family.
- Quality of life. A better quality of life, whether it’s due to factors like climate, outdoor recreation opportunities, or a sense of community, can motivate relocation.
Getting Permission for Divorce Relocation
To relocate minor children after a divorce, you will need permission. Here are the steps to take:
- Communicate with the other parent. Colorado law requires the party wishing to move must give the other parent written notice as soon as practicable. The notice must include the intent to locate, where they plan to move, the reason for the relocation, and a proposed revised parenting time plan.
- If you and the other parent agree on your move with the children, you need to file an agreement (Stipulation) with the Court and get it approved as a Court order.
- If you and the other parent do not agree on the requested move, you need to file a verified motion with the Court asking permission to move with the children.
- Mail a copy of your completed Motion to the other parent.
- File your paperwork with the same court where the original parenting time order was issued.
- You will also be asked to pay a fee.
- When parents do not agree to a relocation the litigation can get very complicated and having representation is very important.
Best Interests of the Child
In order for the court to approve the relocation, there needs to be proof that the move is in the best interests of the child. Under C.R.S. 14-10-129(2)(c), the court must also consider whether there has been domestic violence as well as the following factors:
- The reasons for the relocation
- The reasons why the other parent objects
- The history of each parent’s relationship with the child
- The educational opportunities at the current and proposed new location
- Whether either location has extended family
- Any advantages of the child remaining with the primary caregiver
- The impact of the move on the child
- Whether the court can create a reasonable parenting schedule if relocation is granted
If you must relocate with your child, the earlier you put in the request, the better. It is better to do so before the initial custody order, as this allows the court to consider your chosen location before it allocates parental responsibilities and forms a parenting time schedule.
While the court’s final decree cannot order either parent to remain in Colorado, it can consider the geographic location of each parent’s residence before determining custody and parenting time.
Contact us Today
Getting a divorce? Navigating a child custody case? You need an experienced lawyer on your side who can help. Seek legal help from the Colorado family law attorneys at Tanis McGonegal. Our team has a combined 30 years of experience dealing with divorce and related issues. We are committed to delivering highly effective family law representation so you can achieve your goals. Fill out the online form or call our office at (303) 465-4605 to schedule a free consultation.
