Child Custody and Relocation in Colorado
Deciding questions about custody of the children are often some of the most emotional and difficult parts of negotiating a divorce agreement.
Even when parents agree about which of them should have primary custody, they still must work out detailed visitation schedules and make financial arrangements for child support payments, health care coverage and a day care provider, if necessary.
When parents disagree on who should have primary custody of the children. Even then, custody can still be fought over after the divorce is finalized — for example, if the custodial parent chooses relocation and wants to move away from Colorado with the child.
Grant, Hoffman & Kamada, PC
Greeley, Colorado
970-356-5666 | E-Mail
Most child custody disputes — including relocation cases — are always eventually decided according to what is in the best interests of the child. Colorado's courts have a number of factors to consider when making custody determinations, including decisions in relocation cases.
Our child custody attorneys can meet with you at any point in your divorce proceedings — or after your divorce — to help guide you through any concerns you have about custody of your children.
A Note About Terminology: Colorado laws — and Colorado lawyers — no longer use the term "child custody." Instead, the laws and the judges talk about "allocation of parental responsibility." There are two parts to allocation of parental responsibility. The first is the power to make decisions about the child, such as health care, religion and schooling. The second part of parental responsibility is parenting time — or what used to be called physical custody.
Child Relocation — Moving Out of State With the Child
Colorado laws do not allow a custodial parent to move out of state — or even far away within Colorado — without the consent of the noncustodial parent. These laws recognize that a child's best interests are usually best served by providing contact with both parents.
If a custodial parent wants to move away and the noncustodial parent objects, there are specific questions the court will look at to decide whether to approve the relocation:
- Why does the parent want to move with the child?
- Why does the other parent object to the move?
- What is the past history and quality of each parent's relationship with the child?
- What are the educational opportunities for the child where he or she currently lives, as compared to the opportunities in the proposed new location?
- Is there extended family in the present home community and/or in the proposed new community?
- What benefits are there if the child continues to live with the custodial parent?
- What are the anticipated effects on the child of the move?
- Can meaningful parenting time (visitation) be afforded to the other parent if the move or relocation is granted?
Contact Grant, Hoffman & Kamada, PC
Greeley, Colorado
If you are seeking legal advice about a divorce or a child custody dispute, contact us today to schedule a confidential initial consultation.
Call 970-356-5666 or send us an e-mail.
