- April 15, 2025
- Child Custody
Change Can Be Difficult to Navigate
Managing a divorce is challenging and becomes even more difficult when it involves minor children. Many parents breathe a sigh of relief once the legal details, like child custody, parenting plans, and child support, are finalized; they believe they have successfully navigated all of the major hurdles and can move forward.
However, life is rarely simple, especially when children are involved. Change is constant, as is the need to adapt. Challenges increase when proposed changes, like relocating, threaten significant aspects of the status quo.
At any point in time, even with married parents, moving causes anxiety. That stress is magnified, however, when one divorced parent chooses a new city, state, or even country, far from the other. Agreed-upon plans, schedules, and relationships are at risk, and concern for the children and their well-being comes into play.
What happens in Colorado when one parent of a divorced couple wants or needs to relocate?
Colorado law provides guidance. In all cases, engaging a Colorado child relocation attorney who is experienced in managing cases like yours is an important first step. You must take every precaution to protect yourself and your relationship with your children.
How Relocation Affects Child Custody in Colorado
It is not surprising that relocation has a considerable effect on child custody. Agreements made at the time of divorce, when parents lived in the same vicinity, will no longer work when one parent moves a significant distance away. If approved, support, custody, and visitation all must be reexamined.
Legal Requirements for Relocation
When the custodial parent of a divorced couple wants or needs to relocate, legal action becomes necessary. They cannot simply pick up and move with their child; their decisions and actions impact the entire family.
The legal aspects of moving and how they relate to child custody cannot be resolved instantaneously. According to Colorado Law, notice must be provided and should include the reason for the move, the prospective new address, and a blueprint for parenting-time modifications. The non-custodial parent has a host of legal rights that must be upheld. Life is about to undergo significant change—for everyone.
The required legal actions are multi-faceted. Once the request to move is received, the time clock starts for the non-custodial parent. They have to respond to the notice, stating any objections to the move. When parents cannot reach a mutually acceptable agreement, the case will go to court and each party will share their side of the story. A judge will subsequently rule, basing his/her decision on what is best for the children. The judge will weigh a host of questions, including:
- What is the current relationship between the children and their parents? (Rulings may be vastly different when close relationships are at risk. Age also plays an important role in this regard.)
- Is the move necessary and reasonable?
- How will relocation impact the children’s education, relationships with other family members, and general social well-being?
- Will the move negatively affect the emotional and physical well-being of the family?
- Is there a process in place for visitation for the non-custodial parent?
If the judge believes the answers to these questions are satisfactory, the move may be approved. However, if relocating comes at the expense of the children’s well-being, it could be refused.
The implications of these decisions are life-changing. Because of this, both parents need to engage personal legal counsel. Compliance with Colorado law is non-negotiable.
Custody Modifications Resulting from Relocations
It should come as no surprise that the relocation of one parent with their child would result in necessary changes to all previously determined aspects of child custody, visitation, and support. For example, parents who initially negotiated equal parenting time scenarios will likely find these arrangements impossible to maintain due to distance. Thus, a new custody plan must be developed. When the parent with primary custody relocates with their child, the previously agreed upon visitation may need to be adjusted to provide the other parent with reasonable time with their children. To facilitate regular communication, especially for younger children, regular telephone and video calls may be scheduled. And, to provide ample time for in-person contact, the non-custodial parent may be assigned more time during breaks in the school year and over the summer. Finally, a more formal and stringent holiday schedule may need to be established.
One of the most important factors in these agreements is the location of all visits. Will the child travel to visit their other parent, or will that parent travel to the child’s new location? In most cases, a combination of both is determined to be best.
All decisions regarding parenting time should be made with the children’s best interests at heart.
Child Support Can Change When One Parent Relocates
Child support is a critical component of divorce. Colorado law allows for support modifications when necessary — and the relocation of a parent is a qualifying event.
Of course, expenses related to childcare will be affected by a move. Factors that may prompt the need for an adjustment include income fluctuations, custody timing, and increased expenses.
Income fluctuations are commonplace in relocations. A new job may result in either a higher or lower salary, impacting child support calculations. Working with a family lawyer to determine how the change in salary would affect your child support agreement is important. Adjustments may need to be made.
Second, relocation often influences the time a minor child spends with each parent. For example, instead of alternating weekends on a regular basis, large chunks of time over breaks may be required. This can change the number of days each parent has with their child; thus, support may need to be adjusted. In some cases, primary custody will be re-assigned, and the costs re-examined.
Finally, travel and cost-of-living expenses must be reviewed. Travel, which may not have been an issue when parents lived near each other, can become necessary and the associated costs staggering. Identifying these expenses and determining responsibility before they arise is important. Additionally, the cost of living can vary significantly depending on one’s location. Child support may need to be adjusted to match needs.
The goal of this support is to meet the needs of the child, regardless of where they live. Taking this into account before a move and modifying existing agreements is key to maintaining a positive co-parenting situation
Price Family Law Understands Relocation and Its Effect on Divorced Families
Leveraging Our Experience to Help Our Clients Navigate Challenging Times
Life is rarely static, and expecting the unexpected is a helpful mantra. That said, when one parent announces their need or desire to relocate, the other is often caught off guard. Even in situations where the decision to move is not a total surprise, the idea presents an abundance of challenges.
If you are a divorced parent who needs to move, or whose ex has announced an impending move, engaging an experienced family attorney is not a luxury — it is a necessity.
Working with a professional who has a firm grasp of the law who understands and appreciates the potential hazards on this road is an investment in protecting your future.
The team of attorneys at Price Family Law is well-versed in child custody law and experienced in addressing the issues that frequently arise when one parent initiates a long-distance move. They also recognize that family dynamics are unique; no two cases are identical. For each client, they take time to ensure they understand the entirety of the situation. By asking probing questions and closely examining existing plans, the team can identify potential problems and offer options for resolution.
Managing the issues associated with parental/child relocation alone is unwise; engage professional representation and protect your future.
Reach Out to the Price Family Law Colorado Team Today
Trista Price and her team have provided representation on divorce and relocation issues in Colorado for more than a decade. Their legal knowledge is unquestionable, and they understand the operations of the local courts. Let them help you prepare for what is often an overwhelming situation.
Contact them today at 720-615-1750 to schedule your free consultation. This meeting will provide you with insight into how they operate; you will better understand their style of communication and also learn how they would approach your personal relocation issues.
Providing empathetic, compassionate and personal service are the hallmark of Price Family Law’s approach. They actively listen, pay attention to the little things, and openly communicate as they work tirelessly to protect the best interests of clients and their children.
