(720) 863-7755Life happens, things change, and sometimes a parent relocates for any variety of reasons, and they want to take their child with them. At the law office of Peter Loyd Weber & Associates, we have experience in all areas of family law. Having an experienced attorney on your side is crucial when you are determining the best interests of a child. Call us at (720) 863-7755 for a free consultation to see how we can help you today!
FAQ’s about relocating with children:
What is considered a “move”? If I move from Denver to Boulder will that be considered as a relocation?
For a relocation to be considered far enough to affect parenting time, the move must “substantially change geographic ties.” Therefore, there is no clear cut line about how far of a move is considered to be far enough to affect a child custody order. It is probable, but not definite, that a move from Denver to Boulder is not a substantial change. However, it is arguable that a move from Denver to Colorado Spring is a substantial change if you are trying to exchange the child every other day. Each case is different, and it is best if you would call the Law Office of Peter Loyd Weber & Associates for a free consultation on your legal issue.
I want to move to another state (because of a new job, because of a new marriage, because…). Can I bring my child with me, even though we already have a child custody order here in Colorado?
The short answer: it depends. Back in 2001, the state of Colorado changed the law of relocating a child. It used to be the parent who had the majority of time before the relocation would have a “leg up” on the other. Now, however, each parent comes to the relocation hearing on equal footing to determine what is in the child’s best interest. The court uses around 30 factors in determining what is in the best interest of the child.
If we already have a child custody arrangement what are some of the factors the court will use to determine the child can be relocated?
The court uses over 30 various factors in determining whether it is the child’s best interest to move or not. And, of course, one of those factors is an all encompassing one so the judge may determine the best interest of the child based on almost anything. However, there are nine main factors a judge will look at when determining what the child’s best interests are in regards to a relocation: why the parent wishes to relocate with the child, why the other parent objects to the proposed move, the history and quality of each parent’s relationship with the child; the educational opportunities in both places, whether there is extended family in the present and/or proposed new community, the benefits of the child remaining with the parent with whom the child presently resides with a majority of the time, the anticipated impact of the move on the child, whether meaningful parenting time can be afforded the other parent if the move is granted, and any other relevant factors that keeps the best interests of the child in mind.
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