Denver, Colorado, Parent Relocation Attorneys

The issue of parental relocation sometimes arises at the time of the divorce if one party wants to move to a distant location after the divorce. In other cases the issue arises after there is already a parenting plan in place developed on the assumption that both parents would continue to live in the same general area. The considerations in each situation will differ somewhat. However in each instance the court will generally lack the ability to compel both parents to continue living in the same area. Instead the court must focus on the arrangements for the children.

There are several issues that must be addressed in parental relocations. If you intend to relocate outside of Colorado, it is essential that you be prepared to address concerns of the court regarding whether the move is in the best interests of your child. Alternatively, if your spouse or ex spouse intends to relocate, it is crucial that you provide compelling reasons why you believe the move will not be in the best interest of your son or daughter.

When parental relocations affect court ordered custody and visitation arrangements, the court must be notified and a post-divorce modification requested. In cases where a custodial parent decides to relocate out of state, the non-custodial parent can ask the court to deny the proposed relocation. If the court decides the relocation would be detrimental to the best interests of a child, the court can deny the relocating parent's request to modify custody and visitation arrangements. Here, Colorado's child custody and visitation relocation law requires the court to consider what is in the best interests of a child: if a child is flourishing in school, engaged in a positive manner with relatives and family members, and the non-custodial parent is a central part of the child's life, a relocation may not be in the best interest of a child.

At McGuane and Hogan, our attorneys represent custodial and non-custodial parents in relocation matters. If you are thinking of relocating with your children or have been notified that your ex-spouse intends to relocate with your child, contact family law attorneys at McGuane and Hogan today.

The Parent Relocation and Visitation Procedure

In Colorado, a custodial parent intending to relocate with a couple's children is required to provide written notice of the following to the non-custodial parent:

  • The custodial parent’s intention to relocate
  • The reasons for the custodial parent’s decision to relocate
  • The exact locale of where the custodial parent intends to move
  • A new and revised visitation plan

In evaluating what is in the best interests of a child, the court will evaluate additional factors, such as the relationship each parent has with the child, the objections of the non-custodial parent to the relocation, the educational opportunities of the child in each location, whether any extended family live in or near the new location, and if it is possible to ensure meaningful parenting time to the non-custodial parent after the move.

Contact Parental Relocation Attorneys at McGuane and Hogan

There are several issues that must be addressed in parental relocations. If you intend to relocate outside of Colorado, it is essential that you be prepared to address concerns of the court regarding whether the move is in the best interests of your child. Alternatively, if your ex-spouse intends to relocate, it is crucial that you provide compelling reasons why you believe the move will not be in the best interest of your son or daughter.

To discuss your case and learn how we can help you, contact parental relocation attorneys at McGuane and Hogan today.