The issues of relocation and removal are among the most complex in the area of parental responsibilities and parenting time. There are different rights that apply at the beginning of a case before any orders have entered. After you have settled parenting time or the court has entered a parenting time order, the right to move with your children is controlled by a different law.
The analysis of your rights requires an experienced family law attorney, whether you are:
- A parent seeking court permission to move with your children
- The parent attempting to prevent the other parent from taking your children to a distant location
Sometimes a parent may seek to move when parents have shared roughly equal parenting time to another city in Colorado. This move may make it impossible for the children to continue a strong relationship with both parents and to continue to attend their schools, maintain their sports’ activities and neighborhood friendships. When circumstances of this type arise, it is vital that you seek advice from an experienced family law attorney at the Denver office of Littman Family Law.
It is important to know that any move that makes the current plan impossible or impractical requires court approval or the written consent of the other parent. The court will examine where each parent lives or proposes to live and then considers a variety of factors established by law to reach a conclusion as to where the children should reside.
Every family law case is unique and sometimes judges looking at the same fact pattern will reach different outcomes. Judges are obligated to examine relocation and removal cases based upon the best interests of the children.
Relocation Factors In Colorado Courts
Some of the factors that the courts consider include:
- Why the parent wishes to relocate
- The reasons the other parent objects
- Educational opportunities at each location
- The history and quality of each parent’s relationship with the child since the last parenting time order
- The anticipated impact of the move on the child
- The child’s family connections at each location
- The benefits of a move as contrasted with the detrimental impact of a move
- Whether a reasonable parenting plan can be developed if the child moves
- The ability of each parent to place the child’s needs ahead of his or her own needs
- The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences
- Additional other factors that the court wishes to review