Parental Relocation Laws in Colorado
Parental relocation is a legal issue that, unfortunately, many families in Colorado must confront. As a parent who wants to relocate, it is important that you understand all of your rights and any potential objections to your relocation that could be raised by the other parent.
In Colorado, a relocation is allowed when certain conditions are met. When a parent wants to relocate with a child, the parent must obtain consent from the other parent. If an agreement cannot be reached, the process shifts to the court where a judge will review the relocation request and any objection from the other parent.
For court approval, the relocating parent must show that the move is in the best interests of the child. Here are some of the factors the court will consider:
(I) The reasons why the party wishes to relocate with the child;
(II) The reasons why the opposing party is objecting to the proposed relocation;
(III) The history and quality of each party’s relationship with the child since any previous parenting time order;
(IV) The educational opportunities for the child at the existing location and at the proposed new location;
(V) The presence or absence of extended family at the existing location and at the proposed new location;
(VI) Any advantages of the child remaining with the primary caregiver;
(VII) The anticipated impact of the move on the child;
(VIII) Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and
(IX) Any other relevant factors bearing on the best interests of the child
The non-relocating parent can object to the relocation request based on the best interests of the child and any potential negative impacts the relocation could have on the child and their relationship.
When relocation is approved by the court, the parenting plan can be revised so that the non-relocating parent can contact the child via phone and video calls, attend holidays, go on vacation, and generally ensure an ongoing relationship between the non-relocating parent and the child.
If you are considering relocating with your child in Colorado, the best place to start is to reach out to a qualified attorney. Contact The Drake Law Firm today by giving us a call at 303-261-8111.