The Law Office of Stephan E. Uslan

Serving Families With Complex Custody And Divorce Matters
Throughout The Denver Metropolitan Area In Colorado

Serving Families With Complex Custody And Divorce Matters Throughout The Denver Metropolitan Area In Colorado

Addressing parental relocation in a child custody case

In a Colorado family law case, child custody is frequently one of the most contentious aspects. It can lead to an extended dispute and acrimonious feelings between the parents. One of the most common sources of disagreement is if a custodial parent decides to move out of state.

There are critical points to remember with an out-of-state relocation. People may want to relocate to be closer to their family, for a job or to start over after the marriage has ended. The non-custodial parent could have objections due to the loss of parenting time and the need to change an arrangement that was already in place. The divorce decree itself should be assessed. In some cases, relocation is specifically discussed. If it is, that may need to be followed or modified.

State custody laws can have an impact on a desire to relocate. It might be necessary to come to a new agreement before the relocation attempt is approved. Even in cases in which the non-custodial parent does not object to the relocation, there might still be a custody evaluation. That can include how the move will serve the child’s best interests and other factors. Examples of possible sticking points include whether the move results in a better quality of life, how often the non-custodial parent sees the child, if the visitation schedule can be adjusted for the newfound distance, if the move is not designed to inhibit the non-custodial parent’s time with the child, and how costs will be addressed.

The child will also be affected, so that too should be considered. If the child is living a better overall life while residing in Colorado, moving out of state could be a negative. A child custody agreement may need modification because of relocation. The non-custodial parent can disapprove of the move and other issues could be debated. Legal help may be essential. Discussing the case with a firm experienced in child custody can formulate solutions or take the case to court if necessary. Calling for a consultation can provide information on available options.