Parental Relocation Laws in Colorado

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Are you a divorced parent who is considering a move outside the state of Colorado, but you’re not sure how that’s going to affect your custody arrangement? Hi, I’m Marie Drake of the Drake Law Firm, and today we’re going to talk about the issue of relocation. Relocation in Colorado can mean not only just moving out of state with a child, but also moving from, say, the front range to Durango, meaning suddenly there’s a six or seven hour drive for the other parent and that will substantially change the relationship with the non relocating parent and the child. Today, we’re going to talk about what you need to know about that if you want to relocate or you found your dream job and what the objections are that may occur from the other parent. In Colorado relocation can occur if a couple of things are met. First and easiest would be if the other parent consents to the move. At that point, what we recommend is a stipulation or agreement that is submitted to the court so the court can turn it into a court order and that is your permission to take the child out of state or far away within the state. But essentially it’s permission to relocate, and that’s the ideal. In the second instance you know that the other parent is going to object to the move and you’ll have to file a motion within your initial divorce case asking to relocate. At that point the other side will have a right to object, and then the court will set a hearing. For approval of a motion to relocate, the court has to consider what’s in the best interest of the child or children. They’re also going to look at a number of factors like why is the parent relocating? What are the parent’s wishes? Why is the other parent objecting? Are there better educational opportunities for the child or children in the new location, and is their extended family there? There’s a number of factors, like I said, for the court to consider and again, it’ll all boil down to what’s in the best interests of Little Bobby or Little Susie or both, if you have two. If you’re considering a relocation outside of Colorado or far enough across the state, that it will substantially change the relationship of your child with the other parent, give us a call here at the Drake Law Firm, we’re standing by and we’re happy to answer your questions.

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