Relocation cases, where one parent desires to move out of the state and would like to take a child with them, are some of the hardest family law cases. When one parent lives a significant distance from the child, a long-distance parenting plan must be created. It can be challenging to create a parenting plan that maximizes the child’s time with each parent while also taking travel costs and other factors into consideration.
Colorado law provides that a parent has a constitutional right to live wherever he or she desires to live. Therefore, relocation cases have no legal effect on whether or not a parent can relocate. Rather, a relocation case is necessary to determine whether or not a child should relocate with the moving parent.
If a parent desires to move when initial custody orders are sought, the court must rely upon the “best interests of the child” standard to determine whether the child will remain in Colorado or will move with the relocating parent. However, if a parent desires to move after initial custody orders have been established, the legal analysis for a relocation case changes quite significantly. In this situation, there are specific statutory requirements that must be met and specific factors that must be considered when determining whether a child should relocate.
Relocation cases are also complex because, more often than not, they end up going to trial for resolution. If a relocation case cannot be resolved between the parents, it may also be necessary to involve an expert to assist the court in making a decision on whether or not a child should relocate. Whether you are considering relocating yourself, or whether you have reason to believe your co-parent may desire to relocate, it is best to consult with a skilled family law attorney to understand the relocation process and your likelihood of success.
To schedule an initial consultation with Ms. Monty, please contact our office at 970-797-3407 or through our online Contact Us form.