Does Your Ex Want to Move Away with Your Child?

Does Your Ex Want to Move Away with Your Child?

Divorce and child custody issues can present many challenges. One of them is what happens if one parent wants to move away. However, moving away with the child requires the permission of the court, which will only order what is in the best interest of the child.

Divorced or never-wed parents aren’t immune to life changes that can impact them and their children. Sometimes one parent desires to move away with the child. Perhaps they got a new job in another state or their new significant other lives several hours away. Whatever the circumstance, parents cannot simply decide they are going to move away with their child and do so. They must go through the proper channels of the court to potentially receive permission to do so. If your ex wants to move away with your child, it’s crucial to work with an Aurora Parental Relocation Lawyer to protect your rights.

Working it Out with the Other Parent

Both parents can negotiate and work out an agreement to modify parenting time based on the relocation of the one parent. If this is possible, it is the best way to go about doing so. Once you come to a mutually agreeable solution, you can submit the plan to the court for approval. As long as it is in the best interest of the child and reasonable for each parent, the court will likely approve it. If you are unable to negotiate, the spouse who wants to move will need to go through the proper legal procedures if you are concerned that they will not speak to your Aurora parental relocation attorneys as soon as possible.

Parental Relocation and Colorado Law

Recognizing that sometimes divorced parents wish to move away for a variety of reasons, Colorado has a statute that addresses these situations. The first requirement is that the parent wishing to move away with the child provides written notice to the other parent. This notice must contain the following information:

  • The requesting parent’s desire to move away
  • The location of the proposed new home
  • The reasons for requesting the relocation and move
  • A proposed and revised new parenting time schedule and plan

Receiving such correspondence can be shocking for some parents. Reach out to your Aurora parental relocation lawyers as soon as possible to protect your legal parental rights.

Determining Relocation Request Outcomes

The court will rule according to the best interest of the child when it comes to relocation requests, as required by Colorado family law. While Colorado courts used to favor the parent with the most parenting time when it came to relocation, it no longer does that. The court needs to consider:

  • The constitutional right of all parents to relocating
  • The constitutional right of personal choice in matters of family life such as to meaningfully participate in the upbringing of their children and spend time with them 

Contact an Aurora Parental Relocation Lawyer

At the CNL Law Firm, PLLC, we know how difficult matters of child custody can be, especially if you are concerned that your child will be moved out of state. Now more than ever, you need an advocate on your side. Call (720) 370-2171 or complete our online form to schedule your no-obligation consultation with skilled Aurora parental relocation attorneys today. 

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