The twists and turns of life may cause one parent sharing custody of a
child to wish to move to a community substantially further away, thus
making it largely more inconvenient for the custody agreement as is to
continue. When this is the case, each state has a legal process set in
place for negotiating this relocation and in turn revisiting the parenting
and custody plans to come to a new agreement.
Is the relocation permissible?
The desire of one parent to move in this way is often objected by the other
parent, thus requiring the need to open a relocation dispute case. A standard
procedure for these cases was set in 2001 which requires parents with
whom a child resides with most of the time and wishes to relocate over
a substantial distance to send the other parent a written notice.
This notice must include:
- The requesting parent’s intent to move
- The location they plan on moving to
- The reasons for moving
- A proposed new parenting plan and schedule
This request must also be filed in Colorado family court, which in turn
will determine if the relocation is in the best interests of the children
involved. Will the move improve their lives? Will it inhibit their ability
to see one parent? Is the move designed to prevent the parent who does
not have the majority custody over their children from having access to
them? These are all questions the court will consider before coming to
a decision on the permissibility of the relocation.
Determining a New Parenting Plan
In the event of objections from the other parent, a new parenting plan
will have to be created through the family mediation process. This will
likely change the amount of visitation both parents have, as well as responsibility
for travel and could potentially also impact things such as spousal maintenance
if any additional expenses will occur. In any case, it is important for
both parents to work together to come to a decision that benefits the
family as a whole, particularly the needs of the children who will face
a significant change in their upbringing as a result of a relocation.
It is strongly advised that any parents seeking relocation or who harbor
objections to a relocation request secure the services of a family attorney
who can represent the best interests of your family and stand up for your
rights as a parent in order to determine the best possible outcome in
a relocation case.
Peek Family Law, LLC
has provided numerous families with strong legal representation in a number
of different family law cases. Attorney Sean Peek is a published author
and trusted source of information for legal advice. His tenacious approach
to each case ensures a quick resolution to each case while efficiently
achieving the best possible results for his clients.
To retain the services of Peek Family Law, LLC, call our Denver office
at (303) 857-5797 or
contact us online today to request an initial case evaluation from our reputable lawyer.