Denver Office
1900 Grant Street, Suite 500
Denver, Colorado 80203
Phone: 303.837.0757
Aspen Office
1280 Ute Avenue, Suite 15
Aspen, Colorado 81611
Phone: 970.920.3150
Park Meadows Office
9000 E. Nichols Ave, Suite 120
Centennial, Colorado 80112
Phone: 303.837.0757
Facsimile All Locations:
303.839.9826
If you have primary custody of your child and are considering moving, or if you do not have primary custody and the mother or father of the child is planning to move to another state or area which makes it impracticable for you to exercise reasonable parenting time, it is very important for you to discuss your various options with an experienced family law attorney.
Even if the planned move is not out of state, in most cases Colorado law requires a parent who wants to relocate with the child to a location that makes it impracticable to exercise the current Court ordered parenting plan to obtain the other party’s consent to the move or approval from the Court. The Court will accept each party’s place of residence and then consider numerous statutory factors to determine where the child should reside and what parenting time the other parent should exercise. Each case is analyzed on a case by case basis, and there is no clear cut rule where out of state moves are permitted or not permitted.
When a relocation issue is presented to the court, the judge will consider many statutory factors, including whether the move will be in the best interest of the child. The judge must consider all relevant circumstances, particularly given the existing parenting plan that is being changed. The court will also consider why the parent wishes to relocate, why the other parent objects, the family history of involvement with the child, what each parent’s relationship is with the child, what educational opportunities are available to the child in the new location and the existing location, where the child’s extended family resides, the benefits or negative impacts the move will have on the child, and whether a new parenting plan can be established that will provide meaningful contact with the non-custodial parent. The court will also consider other relevant factors.
The analysis of any relocation situation is a very complex matter that requires the expertise of an experienced Denver divorce attorney. At Litvak Litvak Mehrtens and Epstein, P.C., we have several experienced attorneys who have handled relocation cases in all major Colorado judicial districts. Our attorneys and staff are cognizant of the great impact these types of cases have on Colorado families and work diligently with our clients to seek resolution of these types of matters.