Relocation

Frequently, job responsibilities, re-marriage or military duties will cause a parent to relocate to another state or area that makes it impracticable to exercise parenting time under the existing schedule. It is very important for you to discuss your various options with an experienced family law attorney.
Even if the planned move is not out of state, Colorado law requires a parent who wants to relocate with the child to a location that makes it impracticable to exercise the current parenting plan to obtain the other party’s consent or a Court order to relocate the child. The Court will accept each party’s place of residence and then consider numerous statutory factors to determine where the child should reside and what parenting time the other parent should exercise. The best interest of the child standard does not always apply. In cases where the move will significantly impact the other parent’s rights, a more rigorous “endangerment” standard may apply.

The judge must consider all relevant circumstances, particularly given the existing parenting plan that is being changed. The court will also consider why the parent wishes to relocate, why the other parent objects, the family history of involvement with the child, what each parent’s relationship is with the child, what educational opportunities are available to the child in the new location and the existing location, where the child’s extended family resides, the benefits or negative impacts the move will have on the child, and whether a new parenting plan can be established that will provide meaningful contact with the non-custodial parent. The court will also consider other relevant factors.