There are numerous reasons parents choose to relocate. These include, but are not limited to:
Living closer to family members
Accepting new job opportunities and promotions
Relocating with new spouses
Starting life fresh in a new city or state
These may be perfectly acceptable reasons for a move; however, Colorado courts can deny a parent’s relocation when it affects the best interests of any co-parented children.
If you want to move away with your child or your co-parent plans to relocate, seek an experienced Fort Collins move away disputes attorney right away. Colorado has strict laws regarding parental location and notification requirements in a move-away situation.
Parents who disregard these rules could ultimately face a custody change.
Why Choose The Law Office of Stephen Vertucci, LLC?
The Law Office of Stephen Vertucci, LLC, only handles family law matters. Our attorneys are compassionate, yet aggressive advocates for each of our clients.
At The Law Office of Stephen Vertucci, LLC, we use our experience to effectively protect your rights while developing unique workable solutions for your biggest issues. Our attorneys want what is best for your family now and in the future.
A move away or relocation in Colorado is when the primary parent or joint parent wishes to substantially change their geographic distance from their co-parent. In other words, the move is far enough to warrant a change in the co-parent’s parenting time schedule.
Notice is Required for a Colorado Move Away
In Colorado, the parent choosing to relocate must notify their co-parent of any plans to move as soon as practicable. That notice must contain:
A proposed modified parenting plan
Specific reasons for the relocation
The proposed new location
The co-parent may approve or object to the proposed move. If the co-parent objects to the move, the relocating parent must file a Motion to Relocate.
Once the co-parent files an objection, the matter will be heard by a judge.
Relocation and the Best Interest of the Child
Relocating with a child is generally easier in an initial custody determination. In an initial custody hearing, the parents are not under any geographical restrictions, and the child has no established routine.
When deciding a successive custody matter, the court decides first what is in the best interests of the child. Then, the court balances what is best for the child against one parent’s right to move and the other parent’s right to maintain a close relationship with their child.
Several factors go into the court’s ultimate decision such as:
The moving parent’s reasons for relocation
Why the non-moving parent objects to the relocation
Whether the child has family in the new location
The quality of the child’s relationship with each parent
If the non-moving parent can afford distance-visitation
Why the non-moving parent objects to the relocation
Whether the child has family in the new location
The quality of the child’s relationship with each parent
If the non-moving parent can afford distance-visitation
Regardless of the court’s considerations and any relocation anxiety you may have, never move without notifying your co-parent. You could face serious civil sanctions and criminal kidnapping charges.
Contact an Experienced Fort Collins Move Away Disputes Attorney Today to Protect Your Rights
Always comply with Colorado state law when relocating with your child or when your co-parent is planning a move. While the move-away process can seem complex, disobeying the law can only cause grief for you and your child.
At The Law Office of Stephen Vertucci, LLC, our Fort Collins move away disputes lawyer will be happy to explain Colorado’s relocation laws to you. We will then help you build an effective case for or against relocation.
Knowledge, honesty, experience, and dedication. You will find all of those qualities and more at The Law Office of Stephen Vertucci, LLC. Contact us today.
