One of the most common reasons a parent has to relocate either during or after a divorce is for a new job. This can many times mean a move outside the state of Colorado otherwise known as a relocation. A major change in circumstances like this does require the moving parent to take certain legal steps towards seeking a modification. This petition must be handled correctly by an experienced lawyer.
While the ideal situation would mean both parties are amicable and agree to everything initially, that is unfortunately not always the case. Contention and disagreements as to whether the parenting agreement can be changed because of a relocation is not uncommon.
Be prepared for this by seeking seasoned family law counsel. Even if you can’t imagine you and your former spouse will have issues, emotions can play a big part of any child custody matter. Having a dedicated and knowledgeable attorney advocate for your best interests is very important to a child relocation case.
Factors In Determining Child Relocation
So how does the court decide the issue of child relocation? Under Colorado Revised States Section 14-10-129, factors and guidelines are set forth in determining not just child relocation but other post-divorce parenting time modification issues. Some of the factors a judge will look at include:
- History and quality of each parent’s relationship with the child
- Anticipated impact of move on the child
- Comparing of educational opportunities for child at each location
- Advantages for child in staying at current location
- Extended family of child and their presence at the current or proposed new location
These are just some guidelines a judge will use but a removal hearing will take place. Even more reason to have a lawyer handle your child relocation matter for you and any other complex divorce issues.