Colorado Child Custody - Relocation

Individuals who have parenting time but need to relocate for work or personal reasons often want to know if the Court will change parenting time to allow for the substantial change in geographical ties that the relocation will cause between themselves and their child or the other parent and their child.

If the parent who does not have the majority of the parenting time needs to relocate, they can ask the Court to modify the parenting schedule to fit their new circumstances. The Court will use the “best interests of the child” standard in deciding on a modification of parenting schedules as long as they do not change the place where the child spends the majority of his or her time. In other words, the child will not be moving their primary residence.

The Court may also agree to change parenting time as needed for a relocation of the parent with the majority of the parenting time if it finds that the change serves the best interests of the child. In this case the child would be moving their primary residence.

First, the parties may agree to the relocation in which case the Court will generally approve the parenting time changes. If the parties do not agree then the Court will evaluate if the relocation and parenting time changes are in the best interests of the child. If the court does not agree that the move is in the best interests of the child then the relocation of the child will not be allowed. The parent who wishes to move can either choose not to move or the majority of the parenting time (primary residence) of the child can switch to the other parent who is staying where the child currently resides the majority of the time.

When the Court looks at “best interests of the child” in a case where the parent with the majority of the time is relocating, here are some of the things they will consider:

1. The reasons why the party wishes to relocate with the child

2. The reasons why the opposing party may be objecting to the proposed relocation

3. The history and quality of each party’s relationship with the child since any previous parenting time order

4. The educational opportunities for the child at the existing location and the proposed new location

5. The presence or absence of extended family at the existing location and at the proposed new location

6. Any advantages of the child remaining with the primary caregiver

7. The anticipated impact of the move on the child

8. Whether the Court will be able to fashion a reasonable parenting time schedule if the change requested is permitted

9. If any spousal abuse has occurred (only if supported by credible evidence) before or after the prior decree

If you would like to ask one of our attorneys a question about Relocation or skip that step and come in for a consultation, we encourage you to do so. The longer you wait to speak to a Colorado family law attorney the higher your chances are of inadvertently giving up your legal rights.

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