Preparing for a move is an overwhelming process. You must change your mail service, utilities, internet, and make trips to prepare your new home and job. Additionally, when you have children from a prior marriage or relationship, you must comply with the stipulations outlined in your custody order and by state law or face legal consequences.
If you are a custodial parent wishing to move or a non-custodial parent facing the effects of a proposed move, you should familiarize yourself with Colorado’s child relocation laws. The child relocation attorneys at Troxell Law can guide you through the child relocation guidelines as they apply to you to ensure your rights are respected.
Schedule your appointment with a child relocation attorney at Troxell Law today.
Our attorneys are:
Efficient and prompt communicators;
Skilled litigators and negotiators; and
Compassionate yet aggressive when fighting for your parental rights.
How a Child Relocation Attorney Can Help You
Do not wait to speak with a child relocation attorney at Troxell Law. Reach out to us as soon as you learn of an intended move.
At Troxell Law, our experienced child relocation attorneys will prepare the best argument possible and collect the evidence needed to support your position. We will also start building the foundation for change in primary child custody should the necessity arise.
You can also count on our child relocation attorneys to:
Efficiently prepare and file court documents;
Gather supporting evidence or witness testimony;
Present your matter persuasively to the court; and
Review and prepare any final orders.
At Troxell Law, we look forward to answering your questions and addressing your child relocation concerns.
Child Relocation Before an Initial Divorce Decree
When a divorce is pending, a temporary injunction prevents either parent from removing the couple’s children from Colorado without permission from the other parent or the court. Only in rare cases will the court permit a parent to move out of state with the children.
Child Relocation Post-Decree
Once a final order is in place, and the primary custodial parent intends to relocate with the children to a residence that “substantially changes the geographical ties between the child and the other party,” the primary custodial parent must gain consent from the other parent or permission from the court in order move with the children.
The court will consider the best interests of the children and whether there has been domestic violence when deciding whether such the requested move should be approved. The following factors, unique to child relocation cases, are also taken into account:
The reasons for the relocation;
The reasons why the other parent objects;
The history and quality 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 fashion a reasonable parenting schedule if relocation is granted; and
Any other relevant factors bearing on the best interests of the child.
Procedural Requirements for Relocation
Before a primary custodial parent may relocate with the couple’s children, the primary custodial parent must provide notice of the upcoming move to the other parent as soon as practicable.
This notice must include:
The intended residence;
The reason for relocation; and
A proposed parenting plan.
If the other parent objects to the relocation, the parent seeking relocation must file a motion to relocate. The court will then set the matter for a hearing.
Considerations for Child Relocation
Any relocation which substantially changes the geographical ties between the couple’s children and the other parent requires consent from the other party or permission from the court. This could be a relatively short distance that interrupts a frequent visitation schedule with mid-week exchanges.
Contact an Experienced Garfield County Relocation Attorney
If you have questions or concerns about your upcoming relocation or your co-parent’s move affecting your current parenting plan, contact the attorneys at Troxell Law. We can review any proposed child relocation to ensure it follows Colorado’s statutory procedures and will uphold the family court’s scrutiny.