Relocation

Relocation

Relocation can be a complex and emotionally charged issue for divorced or separated parents who share custody of their children. If you are considering moving or your co-parent has expressed their intention to move with your child, it is important to understand your legal rights and options.

What is Relocation?

Relocation refers to a situation where one parent wishes to move away with the child or children, either out of state or to a location that would substantially changes the geographical ties between the child and the other party. A court hearing on any modification of parenting time due to an intent to relocate shall be given a priority on the court’s docket.

The Court will consider various factors when determining whether to grant a relocation request including:

  1. The reasons why the party wishes to relocate with the child;

  2. The reasons why the opposing party is objecting to the proposed relocation;

  3. The history and quality of each party's relationship with the child since any previous parenting time order;

  4. The educational opportunities for the child at the existing location and at the proposed new location;

  5. The presence or absence of extended family at the existing location and at the proposed new location;

  6. Any advantages of the child remaining with the primary caregiver;

  7. The anticipated impact of the move on the child;

  8. Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and

  9. Any other relevant factors bearing on the best interests of the child …” (Emphasis added.)

If you are considering relocating with your child or your child's other parent is planning to move away with your child, the process can be complex and emotionally challenging. At Nexus Family Law Group, our experienced family law attorneys are here to help you navigate the legal system and guide you through the relocation process.

Frequently Asked Questions

  • First you need to file a Motion to Relocate with Court as soon as possible. However, it is important to understand that you cannot relocate with the child without the court’s permission or the agreement of the parties.

  • The parent who wishes to relocate must file a motion with the court and provide notice to the other parent. The other parent then has an opportunity to object to the move and provide evidence supporting their objection. The court will then hold a hearing to determine whether to grant the relocation request.

How Nexus can help

Evaluating your case

We can evaluate your situation and determine if you have legal grounds for seeking relocation or opposing it. We will explain your rights under Colorado law and discuss your options with you.

Preparing your case

If you have legal grounds to seek relocation, we will help you prepare your case and gather any evidence you need to support your claim. We will also prepare all the legal documents required for the court process.

Representing you in court

Our skilled attorneys will represent you in court and argue on your behalf for relocation. We will present a compelling case to the court, emphasizing the best interests of the child and your ability to provide a stable and supportive environment for them.

Handling any legal issues

We can also assist you with any legal issues that may arise during the relocation process, such as modification of child support.

If you are considering relocation, or if your child's other parent is planning to move away with your child, contact us today to schedule a consultation. Our compassionate and knowledgeable family law attorneys are here to help you navigate the legal system and achieve a positive outcome.

Contact us.

(720) 340-7895

730 17th St Ste 400
Denver, CO 80202