Colorado Springs Child Relocation Lawyers

Understanding Colorado Child Relocation Laws

In Colorado, the term “allocation of parental responsibilities” (APR) is used instead of child custody. It includes two parts: decision-making authority and parenting time. Decision-making authority is the ability to make important decisions about a child’s life, while parenting time is the amount of time that each parent spends with the child.

When one parent wants to relocate with their children, it often implicates parenting time. Whether a parent plans to move within Colorado or outside of the state, it can affect how often each parent can see their children. That is why relocation cases often require court intervention.

Moving While an APR Case Is Pending

If you are involved in a divorce case with minor children, Colorado law prohibits either parent from removing children from the state without permission from the other parent or the court. This includes even temporary trips out of Colorado, such as for a vacation. 

While the allocation of parental responsibilities case is pending, one parent might seek to move the kids to another location. In these situations, the court must accept where each party wants to live. The court will then make parenting time decisions based on the best interests of the child.

For example, consider a situation where a couple is going through a divorce, and one parent wants to relocate to Texas for a new job. When making its decision, the judge will essentially pretend as though that parent already lives in Texas. The judge will then make parenting time decisions based on the best interests of the children, either allowing them to move to Texas with that parent or staying in Colorado with their other parent.

This type of situation is not technically considered a relocation because it is part of the initial APR determination. In these cases, the decision will be based on the best interests of the children. As described in greater detail below, there is a heightened standard for situations where a parent wants to move after a court has issued a decree in an APR case.

Relocating with Your Children After a Decree Is Entered

If the court has already ordered a parenting schedule and one parent wants to move, then the legal standard is different. When a parent with either majority or equal parenting time wants to move to a location that “substantially changes the geographical ties between the child and the other party,” then they will need permission from the court or consent from the other parent.

In these cases, a court will determine whether a relocation is in the best interests of the children. A judge will also examine:

• The reasons for the relocation
• The reasons why the other parent objects
• The history and quality of each parent’s relationship with the child
• The educational opportunities at the current and proposed new location
• Whether either location has extended family
• Any advantages of letting the child remain with the primary caregiver
• The impact of the move on the child
• Whether the court can fashion a reasonable parenting schedule if relocation is granted
• Any other factors relevant to the best interests of the child

The court will also consider whether there has been any allegation of domestic violence in the case.

This standard is only utilized when a relocation would result in a significant impact on the other parent’s ability to see the child or children. If you just want to move to the other side of Colorado Springs, you probably won’t have to go through this process or seek permission from the court. However, if you want to move to the East Coast, then you will either need permission from your co-parent or the court before relocating with your kids.

A local move can sometimes trigger a change in parenting. For example, if the parents currently live 10 minutes apart and a proposed move would mean that the parents will live 45 minutes to an hour apart (depending on traffic), that could have a significant impact on the other parent’s ability to see their kids. That move could mean that one parent no longer has overnight visits on school nights or that the kids have a long commute between the parents’ houses several days a week. In this situation, even an in-town or short-distance move could require a court hearing.

These cases are inherently fact-dependent. For example, if a person is required to move for work (such as a military relocation), the court may give that more weight than a voluntary move for a new romantic interest. Similarly, if a parent wants to move somewhere with no extended family, they will have a harder time getting a relocation request granted compared to a parent who wants to move to be closer to family support.

Broadly speaking, a parent with more parenting time is in a better position to prevail in a motion to relocate, or to prevent the other parent from relocating with the child. If a parent only has their kids every other weekend, the request for relocation isn’t just a request to move, but a request to modify which parent will be the primary parent. In these situations, the court will determine what would be in the best interests of the child, using the factors previously discussed.

If you are either seeking to move or are dealing with a situation where your co-parent wants to move with your kids, our Colorado parenting time lawyers can help you understand your rights and likely outcomes based on the facts of your case.

How to Relocate with Your Kids

If you want to relocate with your kids to another part of Colorado or to another state, you are required to provide notice to the other parent “as soon as practicable.” This notice should include the following items:

• Written notice of your intent to relocate
• The location where you intend to reside
• The reason for the relocation
• A proposed revised parenting schedule

At this point, your co-parent has two options. They can either consent to the relocation or deny it. If they agree, then you can submit and file a joint stipulation to relocate children with the court (Form JDF 1407).

If they object to the move, then you will need to file a motion to relocate. You will use the same form, but you will be filing it as a motion instead of a stipulation. Hearings on motions to relocate are given priority in the Colorado court system, but it may still take several months to get a court date.

At a hearing, the court will need to consider all of the statutory factors related to the best interests of the child and relocation. It will then issue a decision about whether or not a parent can relocate.

If you are seeking to relocate, it is important to understand these statutory factors and how they may apply to your case. While it is possible to have the court approve a relocation request, even if the other parent objects, it requires thorough preparation and evidence to back up your request. 

For example, if you want to move to another state, you may put together documentation to prove that most of your family lives there and your desire to move is not a way to limit the other party’s parenting time. You could also introduce other evidence, such as the other parent missing their scheduled parenting time and the reasons why it makes sense for your child to stay with you as the primary caregiver.

If you oppose your ex’s request to relocate, then you should also come prepared with the reasons why a move wouldn’t be in your child’s best interests and should not be ordered based on the statutory factors for relocation. For example, you may document the close relationship that your child has with their half-siblings, which they would lose if they were to move out of state. Similarly, you might gather evidence to show that allowing a move would mean a major reduction in your parenting time.

In our experience, you have a better likelihood of success in a relocation case if you can show a good reason for the move (such as proximity to family or a job-related necessity). It can be difficult to overcome a co-parent’s objection if they have equal or greater parenting time, but from our perspective, it may still be worth going to court if you have other strong facts in your favor. We can also help you work out a new parenting schedule that can take into account your potential move.

As noted above, these cases are very fact-specific. Our Colorado Springs family law attorneys can help you develop a strong case to either support a request for relocation or to oppose a request. When possible, we can also help you negotiate with your ex to potentially obtain consent for a move without the need to go to court.

Can Relocation Change the Allocation of Parental Responsibilities?

Typically, once a court has determined that it is in the child’s best interests for one parent to have the majority of parenting time, then it will only change that decision based on a showing of endangerment. However, if the parent with the majority of parenting time wants to relocate, then custody could change based on the best interests of the child standard.

For example, consider a situation where a parent with the majority of parenting time wanted to move to Europe with the child. In this case, a court may determine that moving the kids out of the country would be a major disruption to their lives. Here, a judge might decide that it is in the best interests of the children for them to stay in Colorado with the other parent rather than move to a foreign country.

Of course, it is possible that a relocation will be in the best interests of the child based on the unique facts and circumstances of the case. If you have questions about how moving may impact your parenting time, our Colorado family lawyers can help you understand your rights.