Q. Can I move freely within the state of Colorado with my child if he/she resides primarily with me?
A. Sort of. You can move freely within the state of Colorado provided that your new location does not substantially change the geographic relationship with their other parent. For example, if you live in Denver and want to move to Fort Collins and your child’s other parent has parenting time every other weekend, then you will most likely be able to move without modifying parenting time. However, if your child spends 40 % of their time with their other parent, you will most likely need to modify parenting time prior to moving.
Q. Can I move with my children away from my hometown?
A. The short answer is maybe. During the pendency of your divorce or initial paternity/parental responsibilities action, you may request to relocate with your child outside of your geographical area. The court will determine whether your child will move with you based upon their best interests. However, after the court has entered a parental responsibilities order, if your child resides primarily with you, you must demonstrate that it is in the best interests of your child to move with you. The court will consider additional factors in determining the best interests of your child in post-decree matters, including the reasons for your relocation.
Q. How do I give notice of my intent to move?
A. After a parental responsibilities order has been entered by the court, if you wish to relocate with your child, you must first provide written notice to the other parent as soon as practicable, and include the reasons for your relocation and where you will be moving. You must also provide the other parent with a new proposed parenting plan which addresses your child’s relocation. However, unless you have a court order, or the other parent agrees, you cannot relocate with your child.
Q. What if my spouse/ex-spouse objects? Can the court really tell me I can’t move?
A. No, the Court cannot tell you that you cannot move but the court can order a modification of parenting time and change the primary residence of your child(ren) to the other parent. You would then be free to move but your child(ren) would remain in Colorado with their other parent and have parenting time with you either in Colorado or when they visit you during school breaks, the summer, etc.
Q. You mean the court can modify custody or where my child resides primarily to my spouse/ex-spouse if I move?
This information is not to be interpreted as providing legal services, nor as proposing any form of legal advice. By providing this general information, no attorney-client privilege is established. If you are uncertain about your legal rights, you should consider consulting with a qualified attorney. Specific questions should be directed to Kama McConaughy Sarkissian at (303) 649-0999.
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