Relocating with a child after divorce can be a complex and emotionally charged issue in Colorado. Parents considering relocation must navigate a series of legal requirements and court procedures to ensure that their move is in the best interest of the child and complies with state laws. This guide provides a comprehensive overview of the legal considerations and steps involved in relocating with a child after divorce in Colorado, and highlights how Baker Law Group can assist you through this process.
Understanding Colorado’s Relocation Laws
Definition of Relocation
In Colorado, relocation refers to moving a significant distance that impacts the current parenting plan or the child’s established living situation. This could involve moving to a different city, state, or even a considerable distance within the same city.
Best Interests of the Child
The primary consideration in any relocation case is the child’s best interests. Colorado courts evaluate several factors to determine whether the proposed move benefits the child, including:
- The reasons for the proposed relocation
- The quality of relationships between the child and each parent
- The impact of the move on the child’s emotional, educational, and physical well-being
- The feasibility of preserving the relationship between the non-relocating parent and the child
- The child’s adjustment to home, school, and community
- The wishes of the child, if appropriate
Steps to Relocate with Your Child
1. Notify the Other Parent
The first step in the relocation process is to notify the other parent. Colorado law, specifically C.R.S. 14-10-129, requires that the relocating parent provide written notice at least 60 days before the proposed move. This notice should include:
- The proposed relocation date
- The new address and contact information
- The reasons for the relocation
- A proposed revised parenting plan
2. Attempt to Reach an Agreement
After providing notice, both parents should attempt to reach an agreement regarding the relocation and any necessary modifications to the parenting plan. Mediation can be a valuable tool in facilitating these discussions and reaching a mutually acceptable resolution.
3. File a Motion with the Court
If an agreement cannot be reached, the relocating parent must file a motion with the court seeking permission to relocate. This motion should include detailed information about the proposed move and how it will serve the best interests of the child.
4. Court Hearing
The court will schedule a hearing to evaluate the relocation request. Both parents will have the opportunity to present evidence and arguments. The judge will consider factors such as:
- The impact of the move on the child’s relationship with the non-relocating parent
- The reasons for and against the move
- The potential benefits of the relocation for the child
5. Court Decision
After considering all relevant factors, the court will make a decision. If the judge grants the relocation request, a new parenting plan will be established to accommodate the move. If the request is denied, the child will remain in their current location, and the existing parenting plan will continue.
Modifying Parenting Plans
When Modification is Necessary
Relocation often necessitates modifications to the existing parenting plan. These modifications can include changes to:
- Visitation schedules
- Holiday and vacation plans
- Transportation arrangements
- Communication methods (e.g., virtual visits)
Filing for Modification
To modify a parenting plan, the relocating parent must file a motion with the court outlining the proposed changes. The court will evaluate the modifications based on the best interests of the child and the practicality of maintaining a meaningful relationship with both parents.
Challenges and Considerations
Opposition from the Non-Relocating Parent
One of the most significant challenges in relocation cases is opposition from the non-relocating parent. It is essential to approach these situations with sensitivity and a focus on the child’s well-being. Mediation and negotiation can help resolve conflicts and reach a compromise.
Proving the Benefits of Relocation
The relocating parent bears the burden of proving that the move is in the best interests of the child. This requires presenting compelling evidence and demonstrating how the relocation will enhance the child’s quality of life, including better educational opportunities, improved living conditions, or proximity to extended family.
Legal Assistance
Given the complexities of relocation cases, it is crucial to seek legal assistance from an experienced family lawyer. An attorney can help navigate the legal process, gather necessary evidence, and present a strong case in court.
Contact a Castle Rock Family Lawyer at Baker Law Group
If you are considering relocating with your child after divorce, Baker Law Group is here to help. Our experienced family lawyers in Castle Rock understand the intricacies of Colorado’s relocation laws and can provide the guidance and representation you need to achieve a favorable outcome.
At Baker Law Group, we are committed to protecting your rights and your child’s best interests. Contact us today to schedule a consultation and discuss your case with one of our skilled attorneys.
