If you share kids with someone, there is a real possibility that you won’t necessarily remain in the same area until those children turn 18. This brings up the question of what happens if one parent wants to move either before custody has been established or after a decree has been entered. Whether a parent wants to move within Colorado or to a different state entirely, there is a legal process that must be followed.
One parent can relocate with the kids if they have the other parent’s permission. Otherwise, the parent will need to petition the court for a modification. A judge will examine a range of factors related to the best interests of the children and the relocation itself before issuing an order.
Solutions Based Family Law represents clients throughout the greater Denver area in a range of family law matters, including parenting time disputes. If you want to relocate with your kids or don’t want your ex to move with the kids, we can offer you advice and practical legal guidance. Reach out to our law offices today to schedule a consultation with a Denver child custody attorney.
What Happens If a Parent Wants to Move During Custody Proceedings?
If custody hasn’t been established in your case, then the question of relocation will be part of the proceedings. In divorce cases, you won’t be able to remove your children from Colorado while the divorce is pending.
Colorado law imposes an injunction on the parties upon service of a divorce or separation petition. For parents, this injunction prevents them from removing the children from Colorado, even temporarily, without permission from the court or the other parent. This means that while your divorce case is pending, you have to stay in Colorado with your kids unless you get approval to remove them from the state.
While a divorce is pending, you can get permission to take your kids out of Colorado for a visit. However, it will be difficult to move your children out of state during this time. You will typically have to wait until after your divorce is finalized to move, assuming the custody order permits you to do so.
If one parent wants to move out of state, it can be part of the initial custody determination. Essentially, the court will make parenting time decisions as if the parents are living in the place that they plan to live. For example, if one parent would like to relocate to Texas, then the judge will make decisions about the allocation of parental responsibilities (APR) as though that parent is living in Texas.
The court will then determine parenting time based on the best interests of the child standard. A judge cannot deny a parent’s relocation or require them to remain in Colorado. However, the court will decide how to split parenting time based on what is in the child’s best interests.
This may result in the court determining that the children will remain in Colorado with the other parent having the bulk of parenting time, or allowing the children to move with the other parent. A court may also essentially state that if the parent remains in Colorado, they will get more parenting time, but if they move, they will only have vacation parenting time (such as summer and holiday parenting time).
A parent may also seek to relocate to another part of Colorado (or even one town away) while custody proceedings are ongoing. As with moving out of state, the court will make parenting time decisions based on the best interests of the child. For example, if the kids are established in a local school district and neighborhood, the court may decide that it is in their best interests to spend more time with the parent remaining in that community instead of moving to another town in Colorado.
It isn’t unusual for a parent to want to move after a breakup or divorce. However, it is important to understand how the desire to relocate may affect your rights as a parent. Our Colorado child custody lawyers can offer you advice on how a potential move may impact parenting time.
Can a Parent Move After Custody Has Been Established?
In many cases, the desire to relocate doesn’t come up until after an APR order has been established, with both parents living in the same general area. This is known as a post-decree request for relocation.
Under Colorado law, either parent may seek a modification of parenting time for a variety of reasons, including to relocate. When one parent intends to relocate to a residence that “substantially changes the geographical ties between the child and the other party,” they either need consent from the other parent or permission from the court. In other words, if you want to move out of state or somewhere further away in Colorado, the other parent will either have to agree or a judge will have to issue an order allowing you to do so.
Courts make decisions on post-decree relocations based on the best interests of the child. They also consider factors related to the relocation, such as:
- The reasons for the relocation
- The reasons why the other parent objects
- The history and quality of each parent’s relationship with the child
- The educational opportunities at the current and proposed new location
- Whether either location has extended family
- Any advantages of the child remaining with the primary caregiver
- The impact of the move on the child
- Whether the court can fashion a reasonable parenting schedule if relocation is granted
- Any other relevant factors bearing on the best interests of the child
For example, consider a situation where one parent wants to move out of Colorado for work and take the kids with them. This parent has 30% parenting time and is not actively involved in many aspects of the kids’ lives, such as attending extracurricular activities and going to parent-teacher conferences. In this scenario, the court may decide that it isn’t in the best interests of the children for them to move out of state with this parent.
It isn’t always easy to know whether your request to relocate will be granted. If you are considering a move either within Colorado or outside of Colorado, our Denver child custody attorneys can advise you about likely outcomes. We can also represent you in court, advocating for a petition for modification to be granted or denied based on the facts of your case.
What Do I Need to Do If I Want to Relocate with My Kids?
If you are considering moving and want your kids to move with you, then you need to notify the other parent with the following information “as soon as practicable.”
- Written notice of your intent to move
- The location where you plan to live
- The reason for the relocation
- A proposed revised parenting plan
If the other parent does not agree to the relocation, then you will need to file a motion to relocate. The court will then set a hearing to decide on the motion for modification of parenting time. These types of hearings do take priority over other modification requests, but it can still take several months to get a court date.
In court, both parties will present evidence and make arguments about why they should or should not be allowed to move with the children. The judge will then consider the statutory factors and make a decision that is based on the best interests of the child. Each case will come down to an analysis of the specific facts.
As a practical matter, it is much harder for a parent to have their relocation request granted if they are voluntarily relocating as opposed to something like being required to move for work. A parent who has more parenting time will also be more likely to block relocation compared to a parent with minimal parenting time. For example, if a parent who only had custody every other weekend wanted to move the kids out of state, the other parent would stand a much better chance of preventing that from happening.
If the kids are mature enough to express an opinion, then their wishes may be considered as well. For example, if a teenager has a strong opinion about moving, then a court will likely give that a lot of weight.
The court will also factor in things like whether there is extended family in the new location, particularly compared to the current location. For example, if neither parent has extended family in Colorado but one parent wants to move to Utah to be near most of their family, that will be a strong factor in favor of allowing the move.
Colorado courts also prefer to keep siblings together when possible. If one parent has children from another relationship, keeping the kids together will play a role in these decisions.
These decisions are incredibly fact-specific, as this discussion shows. This can make it hard to know exactly how a court will rule in any given modification case. Our Colorado parenting time attorneys use their experience and knowledge of Colorado law to help you make an informed decision about how to move forward when you are either seeking or opposing a relocation.
Talk to an Experienced Denver Child Custody Lawyer Today
Life happens, and sometimes that means that you need or want to move. If you share custody of your kids with an ex, you may find yourself in a position where you have to seek a modification of parenting time so that you can move. Our law firm can help.
At Solutions Based Family Law, we offer practical, real-world advice to our clients. We take a strategic approach to family law matters, understanding that going to court isn’t always the best option, whether you are seeking to establish custody or wanting to move after a custody order has been entered. Our team negotiates agreements when possible while preparing to advocate for your rights in court. To learn more or to schedule a consultation with a Denver family law attorney, give us a call at (866) 522-7959 or fill out our online contact form.