August 21, 2024
For divorced or separated parents who share parenting time over their minor children, the process of obtaining court permission to relocate with a minor child can be a complicated and long process as the judge will need to consider each parent’s wishes and the best interests of the child. As a result, it is imperative for parents in Colorado to understand their rights and responsibilities during the relocation process.
To begin, the parent who wants to relocate with the child must give the other parent written notification of the relocation plans. With this notification, the parent must provide a proposed modified parenting plan and specific information about the reasons for the relocation and the location that he or she plans to move to. Ideally, parents should provide of an intent to relocate before filing a motion for relocation.
Best Interests of the Child
If relocating with a child will substantially change the geographic distance between the residences of the child and the other parent and the other parent objects to the relocation, the court will consider any of the statutorily provided factors in determining what is in the child’s best interests. Specifically, the court may assess:
- How the move will impact the child. Specifically, the court may examine how the move will affect the child’s educational and social opportunities, access to extended family, access to medical providers (especially specialists in the pediatric fields), and general well-being.
- The reasons for the relocation and the objection. The court may consider whether each parent has legitimate motivations or is simply trying to impede the other parent.
- The relationship between the child and each parent. If one parent has acted as the primary caregiver or enjoyed a closer relationship with the child, the court will take this into account.
- The ability of the parents to foster the relationship with the other parent. If one parent has a history of alienating the other parent, a court may find that adding geographic distance between the alienated parent and the child is not in the child's best interest.
- Former actions or inactions of a parent. The court may consider harmful behaviors by one of the parents.
- The feasibility of both parties sharing parental responsibility if the relocation is permitted. Generally, a court will not deviate from joint decision making even if it permits one parent to relocate with a minor child.
Timing of a relocation
For many parents, it is difficult to plan logistically for a move to a new city. The difficulty in relocating for parents sharing parenting time is drastically increased by virtue of the uncertainty of whether the court will grant the request for relocation. In other words, finding employment, identifying appropriate housing, and choosing a new school for a child in a new city is made even more challenging in those situations where the court has not yet granted a motion to relocate. As a result, parents wanting to relocate must have a plan in place long in advance of their desired move date to allow sufficient time for a contested motion to relocate to process through the court system.
Given the complexity of the issues surrounding relocation with a minor child, parents who are preparing for a move can benefit greatly from seeking the help of an attorney who has experience handling these difficult cases. Please call us today should you need an attorney with experience navigating these types of motions in Colorado.
