Relocation raises significant child custody and visitation issues, especially if the relocation is out of state. If one parent is contemplating moving out of state, both parties should consider consulting with an experienced divorce lawyer. Relocation issues include physical custody of the child (or children), visitation, and child support. Relocation issues are optimally worked out between the parents, who are in the ideal position to determine what is in the best interest of their child and themselves. If the parents cannot agree, however, the courts will have to intervene to make that determination.

Relocation out-of-state with your child

If you are the custodial parent and wish to relocate out-of-state, you will need either the other parent’s approval or permission from the court. The Denver court’s focus remains on the best interests of the child when it comes to relocation. The parent’s choice to relocate may, among many other factors, be considered when the court evaluates what custody arrangement is in the best interests of the child.

Process to relocate out of Denver, Colorado

If you wish to relocate out of state or if you wish to relocate a significant distance from the other parent while remaining in Colorado, this would impact the existing parenting plan, so you must provide written notice to the other parent, of:

  • The requesting parent’s intent to relocate
  • The location of the proposed new home
  • The reasons for the requested relocation and move
  • A proposed and revised new parenting time schedule and plan

What does “best interest” mean in relocation cases?

Courts look at the whole picture and make a decision of whether or not to approve child relocation based upon the best interests of the child. While courts may assess many other factors, including the ordinary custody-visitation-parenting time factors, the general issues considered by the court involve:

  • The reasons why the parent wishes to relocate with the child
  • The reasons why the other parent objects to the proposed move
  • The history and quality of each parent’s relationship with the child since earlier court orders
  • The educational opportunities for the child in the present home community and/or in the proposed new community
  • Whether there is extended family in the present home community and/or in the proposed new community
  • The benefits of the child remaining with the parent with whom the child presently resides a majority of the time
  • The anticipated impact of the move on the child
  • Whether meaningful parenting time-visitation can be afforded the other parent if the move or relocation is granted
  • Any other factors relevant in considering the best interests of the child

It is important to have an experienced attorney in Denver who can help you understand the law and help you achieve a fair child custody solution that is in the best interests of your child. Call The Becker Law Firm for all of your relocation and custody concerns. Make your appointment for an initial consultation so that we can speak with you at your earliest convenience.