If you want to relocate out of state with your child, it may be more challenging than you anticipate - especially if you don't take the right precautions. Today, we're covering what the relocation process looks like for Colorado parents who are interested.
To schedule a consultation with our team, contact us online or via phone at (719) 212-4227.
Relocating During a Court Case
Sometimes - although it's rare - a parent may want to relocate out of state with their child during or immediately after finalizing their custody battle. In such cases, the relocation aspect of the case will be considered as the court processes the other elements of the custody case.
Unless you obtain sole custody of your child during the custody case and have the physical and legal custody rights to move out of state without the other parent's permission, relocating as part of a divorce or custody case is unlikely. Most courts believe doing so will disrupt the child's life too much, and instead, try to encourage parents to stay in-state and near each other with various incentives.
As a result, if you wish to relocate, your best bet may be filing a separate relocation case later down the line. However, if you can definitively show the court that relocating out of state is in the child's best interests, your request may be approved.
Relocating Out of State With Children Post-Divorce
What the relocation process looks like if you file post-divorce largely depends on the type of custody arrangement you have.
If you have sole custody of your child, you may be able to relocate voluntarily. However, sole custody arrangements are uncommon since courts usually prefer to give parents joint custody.
If you have joint custody, your co-parent must consent to the relocation before you file your request to relocate if you don't want to attend court with them. If your co-parent opposes the relocation, you must attend a court hearing with them. At the hearing, both sides will be able to present their case, after which the court will decide whether to allow the relocation to proceed.
Regardless, you must provide your co-parent with a written notice of intent to relocate - and if they consent, they must provide you with written clarification of that decision - before filing your case with the court.
During relocation cases, courts consider a wide range of factors, such as:
- The reasons for the relocation;
- Why the other parent consents or objects;
- How the child would benefit from relocating;
- Whether the child has family where they're relocating;
- How relocating would impact the child's social life;
- Each parent's relationship with the parent;
- How easy it would be for the other parent to visit post-relocation;
- Any other factors the court considers relevant.
Since out-of-state relocation often makes it more difficult for the child's other parent to visit, courts tend to be more stringent regarding out-of-state relocations.
If you need help with your relocation case, look no further. Contact our office online or via phone at (719) 212-4227 to schedule a consultation.