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Greeley, CO, Child Relocation Attorney

Our children are deeply important to us. We want what is best for them, and the thought that anyone could take them away from us is excruciating -- even if that person is another parent. On the other hand, you might be the parent that has to move for some reason, and leaving your child behind might not sound like an option. If you are in Greeley, we can help you with child relocation laws and what you can expect from the process. 

A child custody relocation lawyer will assist you when your ex-partner decides to move out of state and the child custody agreement needs to change. Your child relocation attorney will also help with the court battle if one of the parents contests the move and tries to keep the child with them. 

The court will always consider the welfare of the child and the emotions of both parents. They want to get the best possible outcome for everyone involved. 

When Can You Go to Court for Child Relocation? 

You are allowed to go to court for child relocation at any time. A parent may decide during the divorce process that they would like a fresh start. From here, courts will be notified, and the process will begin. They will decide on custody and how childrearing can take place without both parents in the same state. 

It could also happen that a custody agreement has been in place for years when something changes, and one of the parents wants to move away. If they cannot reach an arrangement between themselves, then they can go back to court to ask the judge to change the custody arrangement as it stands. Moving can have an impact on the current arrangement since you might not be able to share the child so easily. Other things, like child support, could also be impacted by these changes. 

Making sure everyone is as on board as they can be, is important. Any sort of change can have an impact on the child. 

We can help you during this challenging time, contact our child relocation attorneys.

Why Choose Us? 

The Cossitt Law Firm has a wealth of experience in family law and the delicate matters that arise from discussing the custody of a minor. It is not easy for an agreement to be reached, and there are a lot of things that need to be considered when pleading your case in front of a judge. 

As family law attorneys that work out of Greely, CO, we know the tiny details that can make a substantial impact on your case and the decision that the judge will make for the benefit of your child. Both parties have a burden of proof in the state, and this will mean that both of you will need to prove that the facts that you are giving the judge are true and can impact the happiness of your child. 

Disagreeing with an ex-spouse is not the most pleasant experience and it can negatively impact your child’s happiness. Allow us to work as your child relocation attorney in Greeley and we will advocate for you. 

Why Relocation Can Cause Strain 

Emotion is always at play when it comes to your children. When one parent decides to move and wants to relocate their child with them, a lot of strain can be placed on everyone involved. 

The non-relocating parent could have feelings of betrayal and anger towards the other parent who wants to move the child away. If the distance between them is too great, chances are that the child, and their non-relocating parent, might not be able to see each other very often. They could be too far to spend afternoons and possibly even weekends together. 

If your child lives in another state, you cannot go to all their after-school activities or doctors’ appointments. It is a big loss for the non-relocating parent and can have an enormous impact on the relationship that they can have with their kids. 

It can create hard feelings between the co-parents and make reaching a new agreement even more difficult. 

How Court Orders Will Be Impacted 

If you have already been divorced for a while, and have reached a parenting custody agreement through the courts, you have a court order and a custody agreement that might have been working. But, when one of the parents moves with the child, this agreement will no longer work. It could be that the custody agreement states that parents have 50/50 custody or that one parent has the children over the weekend and the other during the week. When a child lives out of state, this can become an impractical arrangement. That is why parents would have to go back to court to draft a new arrangement. This could include one parent having a bigger share of the custody and the other parent only getting the child during school holidays and other free time. 

It is a difficult decision and not a case that the court will take lightly. They cannot stop a parent from moving, but they could give custody to the parent that is not relocating, and they will need to get the full picture to make the best possible choice for the child. 

What The Relocating Parent Must Do 

For the best possible chance for the proceedings to go the way that you would like them to go, all the boxes need to be ticked and you need to follow all the steps to the letter. The courts expect that the relocating parent must be the one to take the first steps in creating a plan that will allow their child to still see their other parent often. 

The first step is to draft a written notice for the other parent before any other actions take place. In this written notice the relocating parent will include: 

  • Their intention to relocate 
  • Why they are moving 
  • Where they are proposing to relocate to
  • A proposal on a parenting plan, and what the co-parents can do for the sake of the child.

What the Court Will Initially Consider

The court will consider the big picture and will try to keep the best interests of the child in mind when they decide on the custody arrangement. 

Some of the things they will do are: 

  • Speak to both parents and take their respective wishes into account 
  • Consider if the child is mature enough (they will be allowed to express a preference)
  • Consider the relationship between the parents and child, siblings, and other relationships that they have
  • Consider how big the adjustment the child will have to make with changing schools, home, and even their community 
  • Consider the health of all the respective parties
  • Consider how involved each of the parents has been in the past, taking into account their time, commitment, and loving support 
  • Consider how the change in physical proximity will affect the parenting arrangements 
  • Consider whether any proof of child abuse has been found against any of the parties.

These are just a few things that the court will take into account. 

Collecting Facts 

An attorney will help the courts collect all the facts that are involved in the case. This can be done by presenting third parties during the court proceeding. Neutral third parties can give the court a better understanding of the real relationships that are present. 

While it is true that they will likely speak to both parents and the children, this can give a very biased opinion. The parents might want to give the best picture possible to the court to allow them to receive the best custody arrangement. 

When children are asked about their relationship, they might also give a biased account, since most children want to express favorable views of their parents. However, speaking to a neutral third party, like teachers, can give the judge a complete view of the relationship between all three parties. 

If one of the parents is the only one that ever shows up, this is likely to influence the court in giving that parent a larger piece of the custody arrangement. 

Relationships Between the Parents 

Another factor that the court will look at is the relationship between the parents and how they interact with each other. It has been shown that toxic relationships between parents can have a massive impact on children. 

Courts do not like when one parent tries to undermine another parent. So, if they realize that one parent is trying to manipulate the children against the other parent, this could negatively impact the custody chances that this parent has. They will not send a child away to live with a parent that will then do everything in their power to negatively impact the relationship that the child has with the other parent. 

Any Distress A Child Can Be Inflicted 

Another huge factor that will be considered is how the move will impact the child and if this will add to their distress. Courts will look at the child and which parent has been their primary caregiver. If both parents have a substantial daily impact on the child’s life, the court might not allow the child to move. 

But, if the child did not have a lot of regular interaction with the non-moving parent, then the decision becomes a lot easier since it will not have a significant impact on their daily life. 

Creating An Out of State Parenting Plan 

After the initial considerations, there are even more things that a court will take into account when they help to create an out-of-state parenting plan. 

These considerations include: 

  • The best interest of the child that has already been considered 
  • Any domestic violence allegations 
  • Why the parent is relocating 
  • Why the other parent is objecting to the move 
  • Looking at the history of the family and how the child has interacted with both parents in the past 
  • How the child’s education will be impacted by the move
  • Other family bonds in the area, if they are being moved away from family that they have a strong bond with, or if they are possibly moving to an area with more family 
  • The advantages that the child has by living primarily with one parent (if it is a young child this could make a difference)
  • The effect that the move will have on the child
  • How practical it will be to share time between both parents.

By considering all these factors, a court will try to make the best choice for the child that is involved. They will decide on where the child will live if they move along with the parent or if the child is to stay with the other. They will also create a custody arrangement that will hopefully be beneficial to the child. 

Your attorney will fight by your side and try to ensure that the final agreement is an arrangement that you can live with and that you can have the most favorable amount of time with your child. 

We Are Ready to Help 

We at The Cossitt Law Firm are ready to step in and help you with your child's relocation battle. The first step in fighting a custody battle is getting an attorney that cares about your family and wants what is best for your client. And that is what we can do. 

We also have insight, not only into family law, but also into the intricate details of custody law in Colorado.Contact us to find out about the solutions that we can offer you. Check out our website to find out what we can do for you. 

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