Denver Child Relocation Lawyer

Understanding the Relocation Process in Colorado

Our Colorado Relocation Attorney Explains Parenting Roles

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.

Your parenting responsibility helps determine your rights when it comes to relocation.

Want to Move? A Child Relocation Agreement is Necessary.

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.

Colorado Child Relocation Laws Guide the Process

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:

• Written notification of your intent to relocate, along with the location of your new home
• Reasons for the move
• Revisions to your current parenting plan.

Taking these steps and sharing this information is not a guarantee that your ex will agree to your move.

Should you face disagreement, you and your child relocation attorney 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.

Factors Considered by the Court When Reviewing Relocation Requests

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:

• Why the parent wants to relocate
• Reasons behind any objections to the move
• Presence of extended family
• Parent/child relationships
• Education situations at current and proposed locations
• Advantages/disadvantages of the move on the child
• Whether fair revisions can be made to the parenting agreement.

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.

Our Denver child visitation rights attorney can help you every step of the way. Be sure your visitations rights are protected. Call us today at 720-615-1750.

Can the Custodial Parent Deny Visitation?

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.

How Is Visitation/Parenting Time Determined in Colorado?

Parenting Plans: The First Step in Establishing Parenting Time

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.

Addressing Child Relocation Issues

Providing Answers to Frequently Asked Questions

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.

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.

Client Testimonial

”It was a pleasure to work with Trista. She made the process easy, was very responsive and provided recommendations great options/solutions. She cares about her clients, and listened and addressed all of my concerns. I highly recommend her as the right lawyer makes all the difference, she’s worth it!” – Vitaly Uretsky (Google Review)