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Facts About Child Relocation

Aug. 15, 2020

Divorce is a messy situation to go through and more often than not, it becomes hotly contentious and aggressive with both parties out to maximize their assets and leave nothing for the other. While a bit immature, it’s fairly par for the course and in the end, the only ones hurt are the two filing for divorce. However, if there are children involved in the divorce, the brunt of the pain and suffering is placed upon them.

There are countless stories as old as time where children wonder if they were a cause of their parents choosing to split, if they don’t already outright blame themselves. Worse yet, some parents will tell their child, or children, that they are to blame for the divorce. It’s messy, it’s ugly, and that is downright unwarranted and cruel. No child should ever have to hear that.

Even under the best circumstances, determining child custody adds stress to everyone’s lives. If the parents can’t come to a decision on custody, whether it be joint or sole, the courts will decide using a number of factors (we’ve discussed these before). After the divorce is finalized, everyone can breathe a little easier- even if the wounds of the family breaking up are still fresh.

After some time, whether it be for personal reasons, or for a new job, or to get away from an unhealthy situation, parents in custody of the child(ren) will want or need to move to a new city and/or state, throwing a wrench into custody agreements. Non-custodial parents have at least one benefit in the situation, in that the custodial parent needs to give notice of any upcoming plans to move.

In order to move with the child, per the custody agreement and Colorado laws, the custodial parent must file a petition and obtain the court’s approval if the distance drastically changes the dynamic and accessibility of the child and non-custodial parent. In the best scenarios, the parents of the child are able to come to an agreement regarding restructuring parenting time, thanks to negotiations by Colorado Springs family law attorneys. Moving far away puts a massive strain on the relationship of the non-custodial parent and child, meaning that longer stays with one parent may be necessary.

Realistically speaking, there are only three (3) outcomes if a custodial parent wishes to move with their child:

  • The parents and child are allowed to move per the agreement between parents and court order.

  • The parent and child are not allowed to relocate.

  • The custodial parent is allowed to move, but custody will be transferred to the other parent as to not disrupt/uproot the child’s life.

In some instances, the courts may grant the custodial parent to move with the children and the non-custodial parent may feel it is a poor decision. With the help of a Colorado Springs family law attorney, the non-custodial parent may file with the courts to halt the move and must prove that said move is not in the best interest of the child(ren). The nightmare doesn’t end there, either. The custodial parent can file a counter-motion in order to continue on with their moving plans. Like we said at the beginning, it’s messy and you’ll need a Colorado Springs family law attorney on your side to help you.

If you’re going through a divorce, or are facing child relocation in Colorado Springs, contact our offices to go over the details of your case, review your options, and strategize your next moves.