CHILD RELOCATION
Denver Relocation Lawyer
Denver Child Relocation Attorneys
Littman Family Law’s team is familiar with the laws surrounding relocations between divorced parents, as well as unmarried parents who share custody.
If You or a Spouse are Moving, contact Denver Child Relocation Attorneys at Littman Family Law to Discuss Your Options
A divorce decree often makes the relocation of a child out of state a challenging process, but in real-life situations, circumstances can arise that necessitate such a move. For example, a parent might need to relocate due to a new job opportunity, a desire to be closer to family, or other life changes that make staying in the same state difficult. When this occurs, it often requires modifications to the existing visitation and custody agreement to accommodate the new living arrangements. In these cases, it’s crucial to seek the skilled counsel of a Denver child relocation attorney who can help navigate the complexities of moving a child out of state.
A qualified attorney understands the legal intricacies involved in child relocation cases, including how to enforce existing child custody arrangements and protect each parent’s rights. They are experienced in discerning the child’s best interests, which is always the court’s primary concern when approving or denying a relocation request. If you are the parent wishing to move with your child, or if the other parent is attempting to relocate, having an experienced attorney can make a significant difference in presenting your case effectively.
Additionally, such changes can impact other family members, including grandparents who may have rights and visitation privileges. In situations where custody modification or termination is necessary, having legal representation ensures that all aspects are addressed properly. Whether it’s enforcing child custody, protecting grandparents’ rights and visitation, or handling custody modifications, Littman Family Law is equipped to guide you through this process and advocate for a resolution that prioritizes the well-being and stability of your child.
The attorneys at Littman Family Law can help you handle the details for a fair resolution.
What Happens When a Parent Wants To Leave the State
Relocating to another state happens in this mobile age. When this situation becomes necessary, you need legal help to come to a satisfactory agreement. Consider some reasons why you might need to re-negotiate the child custody agreement:
- The other parent wants to move to another state with your child: Our attorneys will perform an analysis of the circumstance to determine if this serves the child’s best interests. The other parent must prove serious impairment to the child unless the child moves out of state with the parent.
- You want to move out of state with your child: To move out of state with your child after a divorce decree, there may be particular circumstances and legal standards to meet before you can move out of state.
- A parent wants to move to another country with your child: Moving a child out of the country is particularly difficult. Unless the court grants a modified child custody order, moving with your child to another country is a crime.
When you or the other parent wants to move to a place that meaningfully affects the visitation opportunities of the other parent, you must give the other parent a written statement with the following:
- A notice of intent to move out of state
- The location of the move
- The reason for relocation
- A revised parenting plan that accounts for the distance
Factors That Affect Relocation
When a judge looks at the relocation request, they will evaluate the following for the child’s best interests.
- Quality of the parental relationship: The judge will investigate any changes to the parental relationship since the last decree.
- Relocation reason: The court will inquire why a parent wants to relocate and why the other parent objects.
- Family: They will inquire about the presence of extended family at the new location.
- Education: The judge will need to know the specific educational opportunities there.
- Child’s feelings: They will want to know the child’s feelings on the move and whether this is in their best interest.
- Advantages of moving: There must be clear advantages to moving the child away or out of state.
- New schedule: The judge will inquire whether the move will accommodate a new parenting schedule.
How To Begin the Request for Relocation
If you want to relocate with your child to another state, you must provide pertinent information in writing to the other parent. You must specify the new home’s location, outline the reason for the move, and offer a new visitation/co-parenting plan.
Is a Child Custody Modification the Same Thing?
A child custody modification is not the same thing as a request for relocation. When a move involves a new geographic location, you must request relocation and meet the criteria outlined.
Related: How Can You Modify a Child Custody Agreement in Colorado?
Do I Need an Attorney to Request a Relocation?
Because child custody and relocation can become complicated processes fraught with emotions, having a qualified attorney is essential. Attempting to handle this matter yourself can result in consequences you did not intend. To ensure an equitable outcome, you need legal help.
The attorneys at Littman Family Law will oversee your case and help you comply with Colorado state law for a satisfactory resolution. You will make the process easier for everyone, including the child, when represented by qualified legal counsel.
Often the relocation places a hardship on both parents, so having someone to represent you can maintain a logical, civil approach. If you need to relocate with your child or you wish to resist a relocation, the Denver child relocation attorneys at Littman Family Law will help with all aspects of moving a child out of state.
Call us at (303)832-4200 or email us today to schedule a consultation. We are here to guide you through the maze of relocation.
Frequently Asked Questions
In Denver, individuals seek a child relocation lawyer primarily when a custodial parent plans to move, affecting the geographical relationship with the non-custodial parent and necessitating legal approval. The reasons for relocation often include better job opportunities, proximity to family, or improved living and educational conditions for the child. The legal process requires the relocating parent to provide justified reasons for the move, showing it serves the child’s best interests.
This involves formal notifications to the non-relocating parent and obtaining their consent or a court order if disagreements arise. A child relocation lawyer helps navigate these legal requirements, ensuring compliance with state laws and advocating for the parent’s and child’s interests in court
In Colorado, child relocation cases primarily hinge on the child’s best interests, considering factors such as the reasons for moving, educational opportunities, and family support at the new location. The custodial parent must formally notify the non-custodial parent, providing details about the relocation and proposed modifications to the parenting plan. Legal approval may be necessary if the non-custodial parent objects to the move, leading to a court hearing where both sides can present their arguments.
During the legal proceedings, the court evaluates how the relocation impacts the child’s relationship with both parents and the feasibility of maintaining strong bonds despite the distance. Courts also assess the logistics of the move, including the ability to uphold a viable parenting schedule that accommodates the new living situation. Consulting with a child relocation lawyer in Denver can help navigate these complex legal factors effectively.
In Denver, the legal system approaches child relocation requests by assessing whether the move aligns with the child’s best interests. The custodial parent must notify the non-custodial parent, providing detailed information about the relocation including the reasons for moving and a proposed parenting plan. If there’s an objection, the matter is taken to court where a judge evaluates various factors such as the impact on the child’s relationship with both parents, educational opportunities, and the overall benefits of the new environment compared to the current one.
The court also considers the motives behind the relocation, emphasizing that they should enhance the child’s quality of life. Ultimately, the decision is made based on ensuring that the child’s welfare and access to both parents are maintained despite the geographical change.
Before initiating a child relocation case in Denver, parents should understand the legal requirements and potential challenges. It’s crucial to demonstrate how the move benefits the child and addresses logistical issues like visitation schedules. Consulting with a child relocation lawyer can provide valuable insights and help prepare a strong case to present in court.
You can register your existing custody order in Colorado, which then allows a Colorado court to enforce it and, in some cases, consider modifications. Registration typically requires certified copies of the order and filing in the district where you or the other parent lives. Once registered, enforcement tools under the UCCJEA can be used if violations occur. These steps help maintain continuity for the child when crossing state lines. The Judicial Branch provides instructions and forms for registration. See the registration page and UCCJEA references for specifics.
Which state has jurisdiction to make or change custody orders when parents live in different states?
Colorado follows the Uniform Child-custody Jurisdiction and Enforcement Act, which generally gives the child’s home state initial jurisdiction. Colorado may keep exclusive, continuing jurisdiction until certain conditions change, such as loss of significant connections or everyone moving away. If Colorado is not the home state, a court here might still act if other states decline jurisdiction and Colorado has strong ties and evidence. Emergency situations can also affect temporary jurisdiction. These rules aim to prevent conflicting orders and forum shopping. Review the jurisdiction sections of the UCCJEA for the controlling standards.
Prepare a written notice to the other parent with proposed changes to parenting time and be ready to file a motion to change parenting time if agreement is not reached. You will typically need your current order, a proposed revised parenting plan, and supporting evidence about schools, family support, and logistics. The Judicial Branch provides a motion form and instructions that explain timelines and responses. Courts decide based on the child’s best interests and may require mediation if your order says so. Clear, specific proposals for schedules, transportation, and communication strengthen your filing. Begin with the official motion form and instructions. Contact us for a consultation to discuss your specific situation.
Additional Information in Denver, Colorado
Littman Family Law and Mediation Services
1772 Emerson Street
Denver, CO 80218
Phone: 303-832-4200
Fax: 303-832-9322
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