Relocating with your child in Colorado can be a challenging and emotionally charged experience, especially when you’re unsure about the potential odds of winning a relocation case.
We understand the complexities and the deep concerns you may have, as we’ve walked alongside many clients who have faced similar situations.
Our extensive experience has shown that Colorado courts prioritize the child’s best interests above all else when deciding on relocation cases. They carefully consider factors such as the motivations behind the move, the strength of the child’s relationship with both parents, and the overall impact the relocation may have on the child’s well-being.
We aim to provide you with valuable insights and guidance to help you go through this legal process with greater clarity and confidence. Our goal is to equip you with the knowledge and strategies that can improve your chances of achieving a successful outcome in your relocation case.
Understanding Relocation Cases in Colorado
Relocation cases involve a parent seeking to move with their child to a new city or state.
The court considers various factors to determine if the move is in the child’s best interests, such as the reason for the relocation, the impact on the child’s relationship with the other parent, and the child’s adjustment to their current home, school, and community.
Criteria for Relocation
Here are the main things the courts look at in a relocation case:
The reasons for the proposed move: The parent who wants to move must give good reasons, such as:
Big job opportunities or career growth
Being closer to extended family who can help out
Getting to specialized healthcare or educational resources
Improving quality of life or financial stability
The impact on the child’s relationship with both parents: The court looks at how the move will affect the child’s ability to have meaningful connections with both parents.
The parent who wants to move must suggest a reasonable parenting time schedule
The plan should include regular communication and visits, based on the child’s age and needs
The court decides if the suggested schedule is doable and how it might impact the child’s well-being
The child’s ties to their current community: The court thinks about the child’s relationships and routines where they live now.
This includes connections with extended family, friends, and social groups
The court looks at the child’s involvement in school, activities, and religious or cultural communities
The child’s preferences, if they are mature enough to express them: In some cases, the court may consider what the child wants regarding the move.
This depends on the child’s age, maturity, and ability to express their preferences
The court decides if the child’s views are influenced by outside factors or match their best interests
The likelihood of maintaining a strong relationship with the parent not moving: The court looks at how willing the parent who wants to move is to help the child’s bond with the other parent.
This includes a history of promoting the child’s relationship with the parent not moving
The court considers the moving parent’s flexibility and cooperation in making parenting time and communication happen
Any history of domestic violence or abuse: The court puts the child’s safety and well-being above everything else.
If there is proof of domestic violence or abuse by either parent, it greatly impacts the relocation decision
Notice Requirements
In Colorado, relocating parents must provide written notice to the other parent about their planned move.
This notice should include the new location, reasons for relocating, and a proposed parenting plan that outlines how the children will spend time with each parent after the move.
The law requires giving this notice within a specific timeframe before the intended relocation date. Failing to provide proper notice can greatly impact your chances of winning a relocation case in Colorado
Life changes like job transfers or new relationships may require moving to another city or state. However, it’s crucial to follow the legal process and give the other parent enough time to review and respond to your relocation request.
Skilled attorneys can guide you through the notice requirements and help draft a thorough parenting plan. This plan should prioritize your children’s best interests while supporting your need to relocate.
Legal Process for Relocation
The legal process for relocation involves an initial custody determination or post-decree relocation, requiring documentation and evidence to support the proposed move in the child’s best interests.
Initial Custody Determination
When a court makes an initial custody decision, it looks at many things to figure out what’s best for the child.
Evidence is presented to show how the proposed custody plan is in the child’s best interests. This might include letting the child stay in their current school and activities and keeping their support system.
The court also considers each parent’s ability to provide a safe and loving home. It looks at how willing they are to support a good relationship with the other parent, too. Where the parents live is also very important in initial custody decisions.
The court tries to minimize disruption to the child’s life. So, they often prefer arrangements that allow the child to stay in the same school district. They also consider how easy it is for the child to get to healthcare and other important services.
Working closely with our clients, a comprehensive parenting plan is developed. This plan addresses all of these factors. It shows how the proposed custody arrangement benefits the child. By presenting a well-thought-out plan and strong evidence, it’s more likely to get a good initial custody decision for clients.
Post-Decree Relocation
When a parent wants to move with their child after the initial custody order, it’s called a post-decree relocation case.
In these cases, it must be proven that the move would be beneficial to the child.
The court considers how well the child has adjusted to their home, school, and community. They also look at whether the move would harm the child’s relationship with the other parent. Evidence is gathered to show that the move is necessary and beneficial for the child. This may include job opportunities, family support, or educational advantages in the new location.
The parent who wants to relocate must provide a detailed plan for how the other parent will be able to visit and communicate with the child. If the court approves the move, they may change the parenting time schedule. The parent who is not relocating can challenge the move if they believe it’s not best for the child.
Required Documentation and Evidence
To win a relocation case, it’s crucial to provide the court with comprehensive documentation and evidence. We at Family Lawyer Patricia M. Perello Law Firm can help you gather and present the following essential items:
Current custody order or parenting plan: This document outlines the existing custody arrangement and serves as a starting point for the relocation request.
Notice of intent to relocate: A written notice must be provided to the other parent, detailing the proposed relocation date, new address, and reasons for the move.
Proposed parenting time schedule: A detailed plan showcasing how parenting time will be allocated post-relocation, including regular visits, holidays, and summer vacations.
School and educational information: Research on the quality of schools in the new location, as well as any special educational needs of the child.
Employment opportunities: Evidence of a job offer, transfer, or better career prospects in the new location, demonstrating the necessity and benefits of the move.
Family support system: Information about extended family or support networks in the new area that can assist with childcare and provide emotional support.
Housing arrangements: Details on the proposed living situation, including home ownership, rental agreements, or accommodations with family members.
Health and medical considerations: Documentation of any specialized medical care or treatment required for the child, and the availability of such services in the new location.
Child’s preferences: If age-appropriate, a statement from the child expressing their thoughts and feelings about the proposed relocation.
Expert testimony: In complex cases, expert witnesses such as child psychologists or custody evaluators may provide valuable insights to support the relocation request.
Challenges in Winning a Relocation Case
Winning a relocation case can be challenging, especially if the other parent opposes the move.
Judges have significant discretion in these cases and may interpret the child’s best interests differently.
Opposition from the Other Parent
One of the biggest challenges in winning a relocation case is opposition from the other parent. They may argue that the move is not in the child’s best interests.
They may say it will reduce their parenting time, disrupt the child’s life, and hurt their relationship with the child. They may also claim that the relocating parent is acting in bad faith or has other motives for the move.
These arguments can be very emotional and hard to deal with. That’s why it’s crucial to have a strong legal plan and good evidence to support your request to relocate. This may include showing how the move will benefit the child, such as better schools or being closer to extended family.
It may also include making a detailed parenting plan that ensures the other parent still has a meaningful relationship with the child. With our expertise in relocation cases, we can help you build a strong case and fight for your child’s best interests, even if the other parent opposes the move.
Conclusion
Winning a relocation case in Colorado is challenging, but not impossible. We have the expertise to guide you through the legal process and fight for your rights. Our team at Family Lawyer Patricia M. Perello Law Firm understands the complexities of these cases and will work tirelessly to protect your child’s best interests. Contact us today for a free consultation, and let us help you navigate this difficult time with compassion and professionalism.
FAQs
What factors do courts consider in a child relocation case in Colorado?
Colorado courts look at the best interests of the child when deciding relocation custody cases. They consider the child’s relationship with each parent, visitation schedules, and how the move may affect the kid’s quality of life – like schooling, friendships, and activities.
How can a parent increase their odds of winning a relocation case?
To boost chances of winning, the parent seeking to move should have a well-thought-out relocation plan. This covers details like living arrangements, schools, child care, and allowing the other parent ample visitation. Showing the move is in good faith and benefits the child is key.
Can a custodial parent move without the other parent’s consent?
If the divorce decree has a geographic restriction, the custodial parent can’t relocate with the child out of that area unless the other parent agrees or the court modifies the order. With no restriction, the parent with primary custody has more flexibility but still must provide proper notice of the planned move.
What if both parents have joint physical custody?
When parents split physical custody 50/50, relocating is trickier. The parent wanting to move needs to prove it’s in the child’s best interest and not just for personal reasons. The court looks closely at how the move would impact the current co-parenting setup and the kid’s stability.
How long does a typical relocation custody case take in Colorado?
The timeline varies based on the case’s complexity and the court’s caseload. The process involves filing a motion, gathering evidence, possible mediation, and a hearing if needed. It can span several months, but the court generally aims to resolve relocation requests promptly to minimize disruption to the child’s life. Having an experienced family law attorney can help navigate the process efficiently.
