Divorce & Relocation
Will my custody rights be affected by a move?
In the state of Colorado, when you are looking to relocate your child,
it is referred to as
"removal from Colorado." Today's society has become significantly more mobile over the years
and this issue of relocation has become more prominent in family law cases.
Relocation cases can be filed by either party.
Whether you are the relocating parent seeking
modification to the current
child custody agreement or you are attempting to prevent the proposed relocation, a
Denver family attorney at Jones Law Firm, PC can help. Any court will
tell you that with these cases, they will always
rule in favor of the child's best interests. Every state, however, differs on the matter of who has the burden to
prove that the relocation is for the best. The outcome of the case could
vary depending on whether it is the custodial or non-custodial parent
who has the burden of proof.
Parental Relocation & Child Custody Law
The Colorado Supreme Court recently had a case in regards to the
Marriage of Ciesluk (2005). The final decision was that in general,
there are no presumptions in favor of either parent. This means that there are no presumptions that the child will remain
with the primary caregiver in a relocation case, which leaves the party
trying to stop the removal, responsible for burden of proof. Furthermore,
they came to the conclusion that there is no presumption in favor of the
parents continuing to leave within close proximity of each other. This
would place the burden of proof on the shoulders of the party requesting
What do Denver courts consider in a relocation case?
The Colorado courts prefer both parents to be geographically close and
tied to one another so they can both be actively involved in the child's
life. According to the C.R.S. 14-10-129(a)(II), when the parent with majority
of the custody or 50/50 custody wants to relocate and retain visitation
or custody, that parent must provide written notice to the former spouse.
The notice must include the location they would like to move to, the reason
for the relocation (job, new marriage, etc.), as well as a proposal for
a new visitation ("parenting time") schedule.
The court will take several factors into consideration, including:
- The anticipated impact the move will have on the child
- The educational opportunities at the new and old location
- The child's relationship with the parents with the existing court order
- The ability to formulate a new parenting time schedule
- The reason that the parent wants to relocate
- The advantages & disadvantages in regards to the child's best interests
uncontested divorce or
legal separation in which children are involved, either parent may find that revisions
or modifications to the current
child custody or
visitation schedule are required. For a variety of reasons including work, religious
motivations, other family responsibilities, one parent may need to move
to another location that is beyond the distance arranged in the current
visitation schedule agreement. In such a case,
our team can help. Jones Law Firm, PC has the knowledge and skill in all aspects of family
law to help our clients understand their rights and options.
Dedicated Legal Counsel You Can Trust
If you are facing relocation, we can help. Our Denver divorce attorneys
know the ins and outs of both sides of this difficult situation. A relocation
attorney at our firm can listen carefully to your case and help come up
with the most effective plan of action. We carefully strategize in order
to get the best outcome possible for our clients. Whether you are a father seeking
fathers' rights or even a grandparent who wants to know more about
grandparents' rights in a relocation case, we may be able to help.
Contact Jones Law Firm, PC today to discuss your relocation case!