Are you considering relocating with your children to a new state? Will moving with your child substantially alter the geographical ties your child has to their current community and home area? Will you remove have an effect on the other parents parenting schedule with your child?
Colorado law mandates a specific legal process when one parent seeks to relocate with their children and the other parent will remain behind.
In order for a court to grant one parent permission to relocate with the child, the court will apply one of two legal standards depending on whether parenting orders have already been established with the Court or this will be the first time the Court is establishing parenting orders for the child’s parents.
Relocation cases must be carefully analyzed and presented to the Court in the proper manner to ensure that the right evidence is presented and the necessary standards are met for the court to support your case.
An important principle to note is that only a parent who is the majority time parent, or who has at least equal parenting time, can petition the Court for a relocation with the child. A minority time parent cannot Petition to relocate with minor child.
If you are wishing to relocate with your child, but you do not have at least equal parenting time or greater time with your child, you will first need to modify the parenting time schedule so that you have at a minimum equal parenting time with the other parent.
For such parents, a relocation case is thus a two step process: modifying the parenting time orders and then petitioning to relocate with your child, once you have established at least an equal parenting time schedule.
In order for the Court to enter an Order modifying the parenting time schedule, the Court must find that doing so is in the best interest of the child.
A multitude of critical evidence will be necessary to build such a case, and to change the existing Orders. This can include the use of expert witnesses, custody evaluators, and even psychologists and educational experts.
Call us today to assist you in putting together the strongest case for your request for relocation. We know the law. We understand the standards the Court must apply to evaluate your relocation matter and the standards you must meet to persuade the Court.