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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 results 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 custody attorney in Denver. We can review your situation, advise you on the applicable laws and help determine how best to achieve your goals.
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. 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.
Reach out to us today at 720-615-1750 to schedule a meeting with our child relocation attorney.Request Free Consultation
When couples who have minor children get divorced, the creation of a parenting plan is one of the most important tasks they must conquer. This process 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.” Courts in the state like to see 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.
That said, the courts also recognize that not only may this be impossible for any number of reasons, but also 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. 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.
It should come as no surprise that you or your ex may wish to move once your divorce is finalized. That said, now that you are a part of a two-household family, these decisions are not always simple, nor are they one parents to make unilaterally. Thus, there are steps to take to legally relocate.
First, 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.
Our child relocation attorney understands the complex laws governing moves during and after parenting plans are submitted and approved. We can help you regardless of the timing of the issues at hand. Get help today by calling us at 720-615-1750.
As an individual, you have the right to live wherever you would like. However, if you are a divorced parent who participates in a 50/50 parenting time agreement, or the one who cared for your children most of the time, you cannot simply relocate with your child. In fact, you must have the permission of your ex-spouse or the courts.
If this describes your parenting situation and you are considering a move, you should work with our child relocation lawyer 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.
Colorado law recognizes that these issues are time sensitive; thus, relocation hearings are generally given priority in the court system.
Relocation requests are taken quite seriously. Regardless of the circumstances, change can be difficult. As such, 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 Colorado relocation lawyer from the onset provides you access to legal counsel that can be valuable as this important and emotional process proceeds.
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.
That said, under the law there are some circumstances in which restricting parenting time would be allowed, particularly 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 to 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; and when one parent wants to move and increase the distance between the other parent and their children, emotions run high. Both the parent requesting the move and the parent who may dispute it have questions. The outcome of these situations can impact relationships and affect lifestyles for years to come.
Because each family operates under unique circumstances, answers to many questions will be understandably specific. However, there are a host of general inquiries to which answers are relatively standard and which can help provide clarity as parties move forward.
Below, our child custody relocation attorney has addressed some of the questions we hear most often.
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 assure that you are providing all the correct information to the courts.
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.
Yes, they can be approved. However, you would need to prove that this relocation is in the best interests of your children.
In Colorado, neither parent begins with an advantage, because the decisions made by the court are based on the best interests of the children.
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.
You probably have other questions already, and it is likely that more will arise during the relocation process. 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.
Contact our relocation attorney today at 720-615-1750. We are happy to schedule a free consultation where we can learn more about your family’s situation.
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Potential moves when parents are divorced can be contentious and incredibly emotional, and the legal processes governing them are complex. This is not a road you want to travel alone. Engaging a qualified and experienced Denver child relocation lawyer is the first step to protecting your time with your children and planning for your future.
Under Colorado law, when it comes to relocation, each parent’s point of view is important; but the best interests of minor children are what guides decisions. With an in-depth understanding of the law and hands-on experience representing parents in Colorado, our child relocation attorney is ready to go to work for you.
We will actively listen to your wishes, review your situation, and help you present it in court.
In relocation cases, particularly, details are important. We pride ourselves on taking all related information into account and being available to answer questions and address concerns as they arise. While top-notch legal service is the primary reason to hire us, we also provide hands-on, sympathetic, and caring client interactions.
If you are divorced and planning to relocate or have an ex who is, you need the services of a well-regarded child relocation lawyer. At the Price Law Firm, we place a priority on client communication and quality representation. Timing regarding relocation is critical. 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.