What happens when a parent wants to relocate with the children?
In Colorado, if a parent wants to relocate with their children, they must follow certain legal procedures. The specific steps and requirements depend on whether the parents have a custody agreement or order in place and whether the proposed move is within the state of Colorado or out-of-state.
If the parents have a custody agreement or order in place, the parent seeking to relocate must first provide written notice of the proposed move to the other parent. This notice must include the proposed new address, the reason for the move, and a proposed new parenting plan.
If the proposed move is out-of-state or would change the parenting arrangement because it is farther than can reasonably accommodate the current schedule, the relocating parent must file a motion with the court seeking permission to relocate. The court will consider several factors, including the reasons for the move, the relationship between the child and each parent, the child’s educational needs, and the impact of the move on the child’s relationship with each parent. The court will make a decision based on what is in the best interests of the child.
It is important to note that in Colorado, if one parent seeks to relocate and there is a current order, the court will review the case with both parents on equal footing regarding parenting time no matter what the current order allocates to each parent. If a parent that has most of the parenting time is requesting to relocate, there is no presumption in that parents favor. Per the standard in In re Marriage of Ciesluk, Courts will assess the request for relocation without a presumption in favor of one parent or the other. Both parents have the right to ask the court to decide what is in the child’s best interests equally.
If the parents do not have a custody agreement or order in place, the relocating parent should first file a petition to establish custody with the court. Moving prior to filing a petition, or having a court order triggers issues related to home state jurisdiction that may require additional litigation to resolve. When assess the initial parenting plan, including a plan based on a significant geographic distance, the court will the best interests of the child, including findings on where the child goes to school, has family, and has established friends and community.
It’s important to note that if a parent moves with a child without following these procedures or without the permission of the court, they may be subject to legal consequences, including a modification of custody or parenting time and potential fines or penalties.
