Relocation (Move-Away)

Relocating After A Divorce

What happens if I want to move away, and take my child with me?

Sometimes one parent will want to move with a child to another state, or will want to relocate with the child within the state to a location that is far away from the child’s other parent. The reasons for such a move include employment opportunities, career changes, responsibilities to the parent’s family of origin, medical needs, or many other possibilities. Often when a parent decides to relocate, the other parent will adamantly refuse, which can result in huge problems for both parents and the children, requiring prompt legal attention.

Having an experienced Boulder child custody attorney can make all the difference. An attorney can better explain the nuances of relocation laws, and help both parents decide on what is best for the child.

Parenting plans

In Colorado, Parenting Plans for divorced or unmarried parents typically include provisions for removal of minor children from the state. What happens when a parent later wants to amend the original Parenting Plan and move away with the children? Is such a move allowed by the courts when the other parent objects? Ross Law Firm can help you answer these difficult questions.

Whether you want to move with the children, or your former partner or spouse wants to move the children away from you, Ross Law Firm can help you wade through the morass of legal red tape and arrive at a solution that will be best for your children.

Moving away with the child invariably results in severing geographic ties and the emotional connection between the child and at least one parent. Parenting time for one parent must be reduced and joint decision-making becomes more difficult.

Child’s best interest

Before ruling on a relocation request, Colorado family law courts must consider many factors to determine whether removal is in the “best interests of the child.” Those factors include:

  • Why does the parent wish to relocate with the child?
  • Why does the other parent object to the proposed move?
  • What is the history and quality of each parent’s relationship with the child since the court issued its prior orders?
  • What educational opportunities for the child exist in the present home community and in the proposed new community?
  • Is there extended family in the present home community or in the proposed new community?
  • What are the benefits for the child to remain with the parent with whom the child presently resides a majority of the time?
  • What is the anticipated psychological and social impact of the move on the child?
  • How much meaningful parenting time (visitation) can be allowed for the other parent if the relocation occurs?
  • What other relevant factors must be considered in determining the best interests of the child?

Contact Ross Law Firm today for an initial consolation if you or your former partner are considering a move with your children. We can help.