Relocating with children after a divorce can be a complex and emotional process, especially when one parent wishes to move to a new location while maintaining or modifying custody arrangements. In Denver, Colorado, strict guidelines govern relocation to ensure that the best interests of the child are protected. When a parent decides to move with their children, they must follow legal procedures, and in many cases, they will need the approval of both the court and the other parent.
At Baker Law Group, we understand the challenges faced by families during and after a divorce, particularly when relocation becomes a factor. Our Denver child custody attorneys are committed to helping parents navigate the legal process of relocation, ensuring that their rights and their children’s well-being are protected.
In this article, we will explore the legal steps for relocating with children after a divorce in Denver, including the factors courts consider, the rights of the non-relocating parent, and how Baker Law Group can assist in handling relocation disputes.
The Legal Framework for Relocation in Denver
When a parent with custody or parenting time wants to move with their child to a new location, Colorado law requires that they follow specific legal procedures. The relocation may significantly impact the existing parenting plan or the child’s relationship with the non-relocating parent, which is why courts carefully evaluate relocation requests.
In Denver and throughout Colorado, the legal framework for relocation after a divorce includes the following key steps:
1. Notification to the Other Parent
The relocating parent is required to provide written notice to the other parent. This notice must include:
- The reason for the move.
- The new address (if known).
- A proposed new parenting plan that outlines how parenting time and decision-making responsibilities will be managed after the move.
The non-relocating parent then has the right to object to the move, and if the parents cannot reach an agreement, the court will intervene to make a decision.
2. Modification of the Parenting Plan
If the relocation significantly affects the existing parenting plan, the relocating parent must request a modification of the plan. This often requires filing a motion with the court, asking for permission to relocate and proposing a new schedule for parenting time.
The court will consider the impact of the move on both the child and the non-relocating parent before deciding whether to approve the modification.
3. Court Hearing
If the non-relocating parent objects to the move, the court will hold a hearing to determine whether the relocation is in the best interests of the child. During the hearing, both parents will have the opportunity to present evidence supporting their positions.
The court will weigh a variety of factors, including the reasons for the move, the impact on the child, and the ability of the non-relocating parent to maintain a meaningful relationship with the child.
Factors Courts Consider in Relocation Cases
When determining whether to allow a parent to relocate with their child after a divorce, Denver courts apply a best interest of the child standard. This means that the court’s decision will focus on what is best for the child, rather than the interests of either parent.
Some of the factors the court may consider include:
1. The Child’s Relationship With Both Parents
The court will evaluate the strength and quality of the child’s relationship with both parents. If the relocation would significantly disrupt the child’s relationship with the non-relocating parent, the court may be more hesitant to approve the move.
2. The Reason for the Move
The relocating parent must provide a legitimate reason for the move. Common reasons for relocation include employment opportunities, better educational prospects for the child, or the need to be closer to family support. The court will examine whether the move is motivated by genuine concerns for the child’s well-being or if it is an attempt to interfere with the other parent’s relationship with the child.
3. The Child’s Educational and Social Needs
The court will consider how the relocation will impact the child’s education, social relationships, and overall stability. If the move offers better educational or extracurricular opportunities for the child, the court may view the relocation more favorably.
4. The Ability to Maintain a Relationship with the Non-Relocating Parent
One of the court’s primary concerns is ensuring that the child can continue to have a meaningful relationship with both parents, even after the move. The relocating parent must propose a new parenting plan that allows the non-relocating parent to have substantial time with the child, whether through extended visits, virtual communication, or other arrangements.
5. The Child’s Preferences
In some cases, when the child is at least 14 years old and more mature, the court may consider the child’s preferences regarding the move. While the child’s wishes are not determinative, they can influence the court’s decision.
6. The Impact on the Non-Relocating Parent
The court will also assess how the relocation will affect the non-relocating parent’s ability to participate in the child’s life. If the move would severely limit the non-relocating parent’s ability to exercise their parenting time, the court may require a compelling reason to approve the relocation.
The Rights of the Non-Relocating Parent
The non-relocating parent has the right to object to the relocation and to request that the court deny the relocating parent’s request. They may present evidence showing that the move would not be in the child’s best interests or that it would significantly damage their relationship with the child.
In some cases, the non-relocating parent may propose an alternative solution, such as modifying the custody arrangement to allow the child to remain in the same location while the relocating parent moves alone.
At Baker Law Group, we understand the importance of maintaining strong relationships between parents and children, even in the face of relocation disputes. Our attorneys work closely with non-relocating parents to protect their rights and ensure that they continue to have a meaningful role in their child’s life.
Modifying Custody and Parenting Time After Relocation
If the court approves the relocation, the existing parenting plan will likely need to be modified to reflect the new circumstances. This may involve changing the schedule for parenting time, decision-making responsibilities, and other aspects of the custody arrangement.
Some common modifications after relocation include:
- Extended visitation periods: The non-relocating parent may be granted longer visitation periods during school breaks, holidays, or summer vacation to compensate for the reduced day-to-day contact.
- Virtual communication: In some cases, the court may encourage or order the use of virtual communication tools, such as video calls, to maintain regular contact between the child and the non-relocating parent.
- Travel arrangements: The court may outline specific travel arrangements for the child, including who is responsible for transportation costs and how often the child will travel to see the non-relocating parent.
At Baker Law Group, we have extensive experience helping parents negotiate and modify parenting plans to reflect new realities after a relocation. Whether you are the relocating parent or the non-relocating parent, we can help you ensure that your parenting plan is fair and in the best interests of your child.
How Baker Law Group Can Help With Relocation Cases
Relocating with children after a divorce is a legally and emotionally complex process that requires careful consideration and planning. At Baker Law Group, our family law attorneys are dedicated to helping parents navigate the legal steps involved in relocation, ensuring that the rights of both parents and the well-being of the children are protected.
Our team can assist you in:
- Filing the necessary legal documents for relocation.
- Negotiating with the other parent to reach an agreement on relocation.
- Representing you in court if the relocation is contested.
- Modifying existing parenting plans to accommodate the relocation.
We understand that relocation can have a profound impact on families, and we are here to provide the guidance and support you need during this challenging time.
How to Relocate with Children After a Divorce in Denver
If you are considering relocating with your children after a divorce in Denver, Colorado, contact Baker Law Group today. Our experienced family law attorneys can help you navigate the legal process of relocation, ensuring that your rights and your children’s best interests are protected. Schedule a consultation to discuss your relocation case and learn how we can assist you.
