Parents who need to relocate for work or personal reasons often want to know if the court will change parenting time. If the parent who does not have the majority of the parenting time needs to relocate, he or she can ask the court to modify the parenting schedule to fit his or her new circumstances. The court will use the “best interests of the children” standard
How Is the Relocation of a Parent Handled?
Colorado Child Custody – Relocations
Parents who need to relocate for work or personal reasons often want to know if the court will change parenting time. If the parent who does not have the majority of the parenting time needs to relocate, he or she can ask the court to modify the parenting schedule to fit his or her new circumstances. The court will use the “best interests of the children” standard to decide on a modification of parenting schedules. This is provided that the children will not be moving from their primary residence.
The court may also agree to change parenting time as needed if it finds that the change serves the best interests of the children. In this case, the children would be moving their primary residence.
First, the parties must agree to the relocation, in which case the court will generally approve the parenting time modification. If the parties do not agree, then the court will evaluate the advantages and disadvantages to the children of any proposed relocation and parenting time modification.
Should the court not agree that the relocation best serves the children’s interests, the relocation of the children will not be allowed. The parent who wishes to move can either choose not to move, or the majority of the parenting time (primary residence) can be switched to the parent who is staying.
When the court looks at a case where the parent with the majority of the time is relocating, some of the things it will consider are:
- The reasons why the party wishes to relocate with the children
- The reasons why the opposing party may be objecting to the proposed relocation
- The history and quality of each party’s relationship with the children, including prior to any previous parenting time orders
- The educational opportunities for the children at the existing location and at the proposed new location
- The presence or absence of extended family at the existing location and at the proposed new location
- Any advantages of the children remaining at the existing location
- The anticipated affect of the move on the children
- Whether the court will be able to fashion a reasonable parenting time schedule if the changes requested are permitted
- If any spousal abuse has occurred (only if supported by credible evidence) before or after the prior decree
Should you have any questions about relocations, we encourage you to come in for a consultation. The longer you wait to speak to a Colorado family law attorney, the higher your chances are of inadvertently giving up your legal rights.
