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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 the relocation.

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

After any divorceuncontested 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!

Client Testimonials

Compassionate & Effective Counsel That Makes a Difference

quote iconApril is very knowledgeable of the law and will not let you down.

I cannot be more happy with the April Jones Law Firm! I hired her in 2012 for disputes over child support and other items, we had to go to court 3 times on separate matters and every time we were successful. April is very knowledgeable of the law and will not let you down. If I ever need a family law attorney I will call April Jones.

Alan

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Voice message to attorney April Jones from opposing counsel following a successful hearing: Boy I would have jumped over the net and shook your hand today, but there was no net!

T.S.

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April is awesome! She definitely knows what’s going on with everything in court. I couldn’t have gotten a better outcome.

Terri

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April and staff were wonderful. It made a difficult time of life softer while maintaining my dignity.

B.H.

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Once the process became too difficult for me to navigate through I decided to seek Family Law services.

The firm is professional, positive and grounded in their approach. Everyone in the office is always willing to help and is extremely flexible, which I can say is valued by a working professional. There has always been open and prompt communication. Hannah ultimately won our case, and she did so by having strong intellect, presentation skills, and a genuine interest in the well-being of both my daughter and I. I will continue to value the relationship and expertise long after the issues are resolved.

R.P.M.

quote iconApril is well prepared and understands the law and court processes and procedures well beyond anything I have experienced, ensuring success.

I really appreciated April’s straightforward, no-nonsense approach to settling my divorce. It was very refreshing. April is well prepared and understands the law and court processes and procedures well beyond anything I have experienced, ensuring success. I will be a customer for life.

J.M.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
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