(719) 520-0003

Whether
you’re in the early stages of a divorce or you’ve been divorced for years,
moving to a different state can make it difficult to follow the original
custody agreement, which is why it’s important to meet all legal
requirements before relocating with a child.

Colorado Relocation Law 

Colorado relocation laws are similar to those in many
other states in the country. If you are planning on moving with your minor
child, you must provide appropriate notice to both the other parent and the
court overseeing your divorce and custody agreement. The court gives the other
parent time to object and considers special concerns while determining whether
or not to permit the move. It’s important to note that this law doesn’t just
apply to interstate moves. Even a move within Colorado must be approved by the
court if it substantially changes a child’s geographic ties to the other
parent.

Providing Legal Notice 

Once
you have decided to move with your child, you must provide notice to the other
parent and the court. The notice must include the following information:

  • A statement of your intention to move
  • Where you plan on relocating
  • The reason for the intended move
  • A proposed parenting plan and schedule that accounts for the
    school year, summer holidays, and standard holidays

Upon
receiving this notice, the other parent can choose to object to the move. If
this occurs, the court will then schedule a hearing to determine whether or not
the move is allowed to take place.

Factors Considered in a Relocation Request 

In
Colorado, the burden of proof is equal for both parents. What this means is
that the benefit of doubt isn’t automatically given to the parent with whom the
child spends a majority of time. While considering custody and moving requests, the court must act in
the best interests of the child. To that end, each parent must demonstrate that
their proposed plan is optimal for the child in question.

During
the course of a custody case, court representatives will attempt to discern
what is in the best interests of the child. To do so, they will look at several
specific factors:

  • Why the moving parent intends to relocate
  • The other parent’s reason or reasons for objecting to the move
  • Educational opportunities for the child in the new location in
    comparison to the current location
  • Each parent’s ties to – and relationship with – the child
  • Extended family ties in each location
  • Benefits of the child remaining with the current custodial
    parent
  • How the relocation may impact the child’s well-being
  • The ability of the noncustodial parent to enjoy reasonable
    parenting time if the relocation takes place
  • Other factors presented by either parent

As
a parent, you should consider these factors as well when it comes to making
relocation decisions. While a relocation can be a difficult transition, proper
preparation and planning can make it easier on you, the other parent, and most
important, your child. Whether you are the one who is planning on moving or
your child’s other parent has indicated an interest in relocation, legal
representation can help you protect your parenting rights.

Explore Your Custody Options in Colorado 

Navigating custody cases can be challenging, particularly if the other parent objects to your plans or proposed custody schedule. Get the legal support you need by calling Kinnaird Law at (719) 520-0003.

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