Can I move to another state with my children?
Sometimes, yes, though the parent with custody rights should meet certain legal obligations. Relocating with your child to another state without the other parent’s or family court’s consent can be considered parental kidnapping and is a crime in the U.S.
As divorced parents’ lives evolve, a need to relocate may arise. Remember, each divorce has unique terms relating to child custody, parenting, and visitation rights. Therefore, moving out of the state without the co-parent’s consent can quickly complicate things.
If you’re considering moving from Colorado with your child, a Family Law Attorney can help you navigate all the legal hurdles. Here’s what you need to know.
Colorado Child Relocation Legal Procedures
In a pending divorce where the couple doesn’t have a child custody agreement, the parent intending to relocate must seek permission from the other partner. Alternatively, they can seek a temporary court order.
Once the divorce is finalized, and either parent is allocated primary custody or joint custody, they must always seek permission from a judge or a co-parent. Here’s the general direction of handling child relocation:
Step1: The parent seeking to relocate must provide a written notice to the other parent with details of intention to move, location of the proposed home, reasons for moving, and the proposed schedule for parenting.
Step 2: If the other parent opposes the request, the moving parent can file a motion in court
Step 3: Both parents appear in court before a judge
Step 4: The judge reviews and determines the case with a decision that serves the best interest of the child
The Colorado justice system has a speedy resolution mechanism that resolves relocation cases within 35 days after an opposing parent files a petition.
Factors That Determine Whether a Relocation Request Will Sail Through in Court
The Colorado law requires court officers determining relocation cases to serve a decision that’s in the child’s best interest. Consequently, if the court finds factors that weigh towards relocation, it will rule in their favor unless the move affects the health or emotional stability of the child.
What’s more, the court must examine the custody, visitation, and parenting time factors.
Here are a few factors used by the court to determine the best interest of a child.
- The reason for relocation
- A counter reasons offered by the other parent objecting to the move
- The history of the child-parent relationship of each partner
- Anticipated impact of the move on the child
- Any history of violence by either parent
- Presence or absence of extended family members at either location
- Comparison of education opportunities for both locations
Can You Modify Custody Due to Relocation?
Yes! The judge can favor the objecting spouse and modify custody if relocating works against the child’s best interest.
Speak to a Reputable Parental Relocation Attorney
Violating the terms of divorce and family law can compromise your child’s custody rights. A parental relocation lawyer like CNL Law Firm, PLLC can demonstrate the move isn’t intended to break the custodial rights or punish the co-parent. Contact us today for a free consultation.
