Divorce can bring about significant life changes, especially regarding parenting arrangements. One of the most challenging issues a parent may face is whether they can relocate with their child after a divorce. If you are a parent in Colorado Springs considering a move, understanding Colorado’s legal requirements is crucial.
Understanding Colorado’s Relocation Laws
Colorado law requires a parent seeking to relocate with a child to follow specific legal procedures. The state prioritizes the child’s best interests, ensuring that any significant move does not negatively impact the child’s relationship with both parents. According to Colorado Revised Statutes (C.R.S.) § 14-10-129, if a parent with primary or equal parenting time wishes to relocate, they must notify the other parent in writing.
What Constitutes Relocation?
Relocation is more than just moving to a different neighborhood. In Colorado, a move is considered a relocation if it significantly changes the geographical ties between the child and the other parent. Typically, this includes moves outside the city, county, or state that would impact existing parenting arrangements.
Legal Notice Requirements
If a parent wishes to relocate with their child, they must provide written notice to the other parent, including:
- The intended new location
- The reason for the move
- A proposed revised parenting plan
The non-relocating parent has the right to object, and if they do, the court will schedule a hearing to determine whether the relocation serves the child’s best interests.
How Courts Decide Relocation Cases
If a relocation is contested, a judge will evaluate several factors before deciding. These factors, outlined in C.R.S. § 14-10-129, include:
- The reason for the relocation
- The impact of the move on the child’s physical, emotional, and educational well-being
- The ability of both parents to maintain a meaningful relationship with the child
- The benefits of the move for the parent and child
- The existing relationship between the child and each parent
The parent requesting relocation has the burden of proving that the move is in the child’s best interests. Courts do not automatically approve relocations, even if a parent has sole decision-making authority.
Steps to Take if You Want to Relocate
If you are considering relocation, following legal procedures to improve your chances of court approval is essential. Below are the steps to take:
1. Provide Proper Written Notice
The first step is notifying the other parent in writing. This notice should be clear and detailed, including all required information under Colorado law. The sooner you provide notice, the better.
2. Attempt to Negotiate an Agreement
If the other parent does not object, both parents can agree to a new parenting plan. Courts encourage parents to reach agreements outside of court whenever possible. If both parties consent, the court will likely approve the relocation.
3. Prepare for a Court Hearing (If Necessary)
If the other parent objects, a relocation hearing will be scheduled. You must present a compelling case at this hearing showing why the move benefits your child. Supporting evidence, such as job offers, educational opportunities, or family support in the new location, can strengthen your case.
4. Work with an Experienced Family Law Attorney
Relocation cases can be complex. Having a Colorado Springs family lawyer who understands state laws and court procedures can help you navigate the process effectively. An attorney can present evidence in your favor, negotiate with the other parent, and advocate for your rights in court.
What Happens If a Parent Moves Without Permission?
Moving a child without the other parent’s consent or a court order can lead to serious legal consequences. The non-relocating parent may file a motion to prevent the move, and a judge could order the child’s return. Additionally, unauthorized relocation may impact future custody arrangements and lead to contempt of court charges.
What If the Other Parent Wants to Relocate?
You have legal options if you are the non-relocating parent and your co-parent has provided notice of an intended move. You may:
- Negotiate an agreement that allows relocation while maintaining a strong parenting relationship.
- If you believe the move is not in your child’s best interests, file an objection with the court.
- Request a modification of custody if the move significantly disrupts parenting time.
Acting quickly and seeking legal guidance to protect your parental rights is crucial.
Contact a Colorado Springs Family Lawyer
If you are facing a relocation dispute, seeking legal guidance early can make a significant difference in your case. At Baker Law Group, we help parents navigate child custody and relocation matters, focusing on protecting the best interests of their children.
Whether you are requesting to relocate or opposing a move, our experienced family law attorneys can provide the strategic legal support you need. Contact Baker Law Group today to schedule a consultation and discuss your legal options.
