Relocation Cases in Colorado

Co-parenting can have its difficulties. This is especially so when relocation is involved. If one parent wishes to relocate and the other doesn’t agree, a dispute can arise. Often, this will lead to a court case and trial. If you are faced with this situation, let our attorneys help you. Our team at Litvak Litvak Mehrtens and Carlton has helped thousands of clients resolve parental custody conflicts. Here are some things to know about relocation cases as it applies to child custody.

Relocation Factors

For a parent to relocate with their child, a judge must consider several factors before they allow it. Most of this comes down to what the parent wishing to relocate is able to prove. They must prove that:

  1. They have a legitimate reason for moving, and
  2. The move is in the child’s best interest.

Other factors that are taken into consideration by the court include the following:

  • Quality and history of the child-parent relationship on both sides
  • Educational opportunities in both the current community of the child and the proposed community in which they may relocate
  • How the move may impact the child
  • Will this limit the other parent’s visitation 
  • The presence of other family members (nuclear or extended) in the current community or in the newly proposed community
  • The opinion and wishes of the child 

In addition to these factors, the court will compare the reasons why the custodial parent wishes to move to the objections by the other parent. If one appears to favor the child’s best interests more than the other, the court will choose that route. 

Colorado Child Relocation FAQs

To get permission to move out of state with your joint-custody child, you must ask a judge for permission. Failure to do this could result in serious consequences.

The first way to go about getting permission to relocate is to notify the other parent. The best way to do this is to provide a written notice. In this notice, include your intent and reason for moving and where you plan on moving to. You should also propose a fair plan for visitations as well as a time schedule.

If the other parent does not agree to this request, they can file an objection. A trial in court will result from this objection. Each parent must make a case for their child and why he or she thinks their best interest is with them. Under Colorado law, a court is expected to schedule a hearing within 35 days following the filing of the objection for relocation. 

When the case reaches court, the judge will observe several factors to determine whether relocation is granted.

You need only file a notice or request for relocation if you plan on moving further than 20 miles from your child’s current home. While there is no limit to how far you’re able to move, it is harder to get a judge to grant the relocation if it’s a significant distance away from the other parent. This is especially true if you have joint custody over the child as opposed to sole custody. 

It essentially comes down to what you and your lawyer are able to prove to the court. If you can prove that the move is in your child’s best interest, you have a case for relocation.

Contact Denver Child Relocation Attorneys at Litvak Litvak Mehrtens & Carlton, P.C.

If either you or your spouse plan to relocate with your joint-custody child, you need to be aware of your rights. Contact Litvak Litvak Mehrtens and Carlton to discuss your situation and learn more about child relocation in the state of Colorado. Call 303-951-4506 to arrange a consultation with one of our skilled attorneys.