If You or a Spouse are Moving, contact Denver Child Relocation Attorneys at Littman Family Law to Discuss Your Options
A divorce decree makes relocation of a child out of state nearly impossible. However, in real life, this can happen when a parent takes a new job in another state or wishes to move closer to family in another state. This results in a need to modify the visitation and custody agreement.
If this happens to you, and you want to move with your child to another state, or the other parent wishes to relocate, you need the skilled counsel of a Denver child relocation attorney for moving a child out of state. They know the legal ins and outs regarding each parent’s rights and how to discern the child’s best interest.
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.
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.