Moving out of state with your child can be a wearisome process if you share custody with the other parent. Relocation custody actions can only be brought by a majority-parent or by a parent who shares an equal parenting-time schedule. The minority-parent may not bring a relocation action, but, instead, would bring a modification action, which applies very different standards from a relocation case.
If you are the primary parent or share equal parenting time and would like to relocate with your child, it is important that you consult with a family law attorney well in advance of your planned move. The court does not have the power to prevent a parent from relocating. However, the court’s power can prevent the child from relocating away from the other parent. Relocation trials are one of the most complex child custody battles which is why it is important to hire a competent family law attorney who knows the ins and outs of relocation proceedings.
The standard for relocation proceedings can vary depending on if it is the initial decree or post decree. To learn more about the varying standards you can visit our Child Custody Relocation and Moving Out of State with Joint Custody page. It is important to note that in all matters concerning parental responsibilities and parenting time, be they pre- or post-decree, the best interests of the child are the primary consideration of the court. Some of the best interest factors as it pertains to relocating out of state with a child will include:
Relocating out of state with a child when you share custody with the other parent can have a profound impact of the lives of the parents and the child involved and the courts will not take a relocation case lightly. For this reason, it is important to consult with a family law attorney who has proven experience with child relocation cases.
Relocating out of state with a child when you share custody with the other parent can have a profound impact of the lives of the parents and the child involved and the courts will not take a relocation case lightly. For this reason, it is important to consult with a family law attorney who has proven experience with child relocation cases.
At the Cossitt Law Firm we practice exclusively in family law. We are skilled at representing parents who want to move with their children, and have drafted many long distance parenting plans. We will walk you through each step of your child relocation case. Call us today at 970-488-1887 to schedule a consultation with one of our family law attorneys
We will walk you through each step of your child relocation case. Call us today at 970-488-1887 to schedule a consultation with one of our family law attorneys.
Formerly known as child visitation, Parenting Time outlines the schedule and conditions under which each parent may see their children. Decision Making defines how major decisions for the children are to be made including those relating to the child’s health and education.
Modifying child custody orders can be necessary if or when either parent:
Colorado’s Child Prevention Abduction Act defines child abduction as the wrongful removal or wrongful retention of any minor child that violates the rights of custody or court-ordered rights of anyone to the allocation of parental responsibility, custody or parenting time. Anyone can violate these rights, including a parent.
If you have relocated to Colorado but were divorced in another state, you may be able to transfer your divorce case to Colorado for modification of maintenance, enforcement of your Court Orders, and even to address issues related to any child custody orders like modifying parenting time or child support.
The parenting time schedule will change based on the needs of the child. A Long Distance Parenting Plan will address custody with the child at both locations, how travel should occur, telephone and video contact, and much more.
When a parent wants to move with their child they should file a motion to relocate with the Court as soon as possible. Child relocation cases in Colorado are to be prioritized on the Court’s docket, but can still take months to get through the Court system.
Child Support is largely based on the incomes of the parents and the scheduled number of overnights. Often when a parent relocates with their child the number of scheduled overnights may change, and a modification of child support may be necessary.
Sharing your children with their other parent can be challenging around the holidays; however, with a holiday parenting time schedule that is crafted by a skilled attorney, the challenges can be reduced or avoided altogether to allow the parents and children the clarity and flexibility needed to meet the parent’s goals.
Colorado offers a method for immediate relief when a child is at imminent risk of physical or emotional harm by a parent. The court can act immediately to suspend all unsupervised with the parent allegedly putting the child at risk and place them under emergency child custody with a legal guardian.
As life changes, child custody orders may no longer fit your needs or circumstances. When this occurs, seeking a child custody modification can be necessary to officially change court orders related to parenting time and/or decision-making responsibilities.
Formerly known as child visitation, Parenting Time outlines the schedule and conditions under which each parent may see their children
