price family law
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price family law
When parenting plans are developed and accepted, divorced parents and their children eventually become comfortable in their new lives. The transformation from one household to two becomes complete, routines are developed, habits are formed, and a new way of life begins.
Unfortunately, in many cases, change is inevitable. New jobs, extended family needs, blossoming relationships, or even a fresh start often result in one parent’s deciding to move. Simply the idea of this is enough to incite panic in the other.
Colorado law sets forth guidelines regarding relocation with children after divorce. If you are planning to move, consider reaching out to a child relocation attorney in Denver. We can review your situation, advise you on the applicable laws and help determine how best to achieve your goals.Request Free Consultation
To say that emotions run high during a relocation trial is an understatement. The combination of a tense environment combined with the complexities inherent in the legal process makes hiring an experienced Denver child relocation attorney necessary. You want to work with professionals who understand both the state laws and how the local courts operate. We will actively listen to your wishes, review your situation, and help you present it in court.
At Price Family Law, we work with parents who wish to move, as well as those who are concerned about the relocation of their ex and their children. There are complex laws governing moves during and after parenting plans are submitted and approved. Our experienced family law custody lawyer can guide you regardless of the timing of the issues at hand. We also offer free consultations, and you can reach out to us at 720-615-1750 to schedule a meeting with a child relocation attorney.
For divorced parents with minors, a parenting plan outlines the time the child spends with each parent and includes guidelines for vacations and even unexpected occurrences. In 1999, Colorado stopped using terms like “custody” and “visitation.” In their place, the courts refer to “parental responsibility” and “parenting time.” For those seeking sole parental responsibility, consulting with a Denver child custody lawyer can be an essential step in navigating the legal complexities involved.
Courts in the state like to see an equal division of parenting time, as they believe that both parents have a right to spend time with their children and that children benefit from this type of arrangement. When this is the case, parents are said to have joint parental responsibility. In cases where the child spends less than 90 nights with one of their parents, the other parent is deemed to have primary child responsibility.
That said, the courts recognize that not only may joint parental responsibility be impossible, for any number of reasons, but also that other parenting time arrangements may be in the best interests of the children (C.R.S. §14-10-124). Acting in the child’s best interests is the guiding principle behind all parenting decisions.
Waves: Your parenting responsibility helps determine your rights when it comes to relocation.
You or your ex may wish to move once your divorce is finalized, making you a part of a two-household family. These decisions are not simple, not unilateral. Thus, there are steps to take to legally relocate.
For example, it is important to recognize that the stage of your separation and divorce proceedings can affect the relocation proceedings. When one party wishes to move in the initial process of creating a parenting agreement, the courts may recognize the new location as current regarding parenting responsibilities.
However, if your agreement has already been finalized and one parent wishes to move (post-decree) and if that move will affect time with the other parent, then that individual will likely need to petition for a modification of parenting time (§14-10-129) and will need to provide detailed reasons for the relocation for it to be considered.
If you are a divorced parent who participates in a 50/50 parenting time agreement or are the one who cared for your children most of the time, you cannot simply relocate with your child without permission from your ex. You would also need to work with a child relocation attorney to provide the following information as quickly as possible:
Taking these steps and sharing this information is not a guarantee that your ex will agree to your move.
Waves: Should you face disagreement, you and your child relocation lawyer would need to file a motion to relocate with the court.
Colorado law recognizes that these issues are time sensitive; thus, relocation hearings are generally given priority in the court system. The courts are committed to making decisions in the best interests of the children. While certain issues clearly indicate the necessity of a move, like domestic violence or child abuse, others are more subjective. The issues considered may include:
Working with a knowledgeable Colorado relocation lawyer from the outset provides you access to legal counsel that can be valuable as this important and emotional process proceeds.
Waves: Our Denver expert child custody relocation lawyers can help you every step of the way and ensure your family’s rights are protected.
Do your children spend the majority of their time living with your ex? If so, you may be concerned about your ex-spouse denying your parenting time. Legally, this is not permitted. If your parenting agreement was filed with the courts, the schedule included is enforceable by law.
There are few circumstances in which restricting parenting time would be allowed, including if the child was in danger (physically or emotionally) as a result of time spent with the other parent.
When both parents agree on a parenting plan, the process is less stressful. Recognizing this possibility is the first step in determining parenting time. Assuming you and your ex can agree on the generalities, our child visitation attorney will draft a comprehensive agreement that covers all aspects, including, but not limited to, schedules, holidays, and vacations.
If you are unable to come to a point of mutual agreement, your case moves to the courts. We will leverage our in-depth knowledge of the factors the court considers important and help you present them appropriately.
Distance between parents and children is unsettling; Price Family Law has experience in handling these cases, representing parents who wish to relocate as well as those who hope to block such actions. Both the parent requesting the move and the parent who may dispute it have questions. Because each family operates under unique circumstances, answers to many questions will be understandably specific. Below are some of the questions you may have.
Do I need to work with an attorney on my relocation case?
Working with an attorney who specializes in relocation is in your best interests. The laws governing relocation in Colorado are complex, as are many of the situations surrounding planned moves. Our professionals can provide you with guidance throughout the process, answer your questions and ensure that you are providing all the correct information to the courts.
My ex and I are working on our parenting plan, but I think I may want to move. Should I raise the issue now or wait until the plan has been finalized?
In general, it is best to notify your ex as soon as possible. During the initial determination stage (when your parenting plan is being developed and approved), it may be easier to move as the courts have less to consider. However, you should discuss your plans with our child relocation attorney to help determine the best strategy for your specific situation.
Are out-of-state moves ever approved by the courts?
Yes, they can be approved. However, you would need to prove that this relocation is in the best interests of your children.
Who has the advantage in a relocation case — the parent seeking the move or the one disputing it?
In Colorado, neither parent begins with an advantage, because the decisions made by the court are based on the best interests of the children.
Do the ages of my children impact the court’s decisions regarding relocation?
Yes, they may. In some cases, the courts may be reluctant to relocate older children as they have established lives, commitments, and friendships. However, there are situations in which older children can move. Additionally, while younger children tend to be less established in the community, making moving easier, there may be reasons for them to stay. Our relocation attorneys can review your case and counsel you on how to proceed.
price family law
Are you looking to move as a divorcee or looking to make custody relocation arrangements with your ex in Denver? Engaging a qualified and experienced Denver child relocation lawyer is the most important step to protecting your time with your children and planning for your future. Don’t wait until issues arise. Contact us today at 720-615-1750 to schedule your free consultation. After learning more about your family and your position, we can share how we can support you.