After a Colorado couple has divorced, child custody will already have been determined as part of the court's decision or via negotiated agreement between the parties. This can be one of the more complex areas of dispute in a divorce. However, just because the case is over and there is an order does not mean that the matter is settled permanently. In some cases, the parent with the majority of residential custody will want to relocate from the previous residence and this can impact a variety of issues such as parenting time. Knowing what goes into relocation and how the law handles it is imperative to all parties.
If there is an intention to relocate on the part of the parent with whom the child lives most the time and there are significant changes geographically with the other parent, there will be a hearing regarding modification of parenting time. The court will account for all relevant factors when deciding if the relocation is in the best interests of the child. That includes if there was domestic violence or any issues with domestic violence in the past.
The following will also be assessed: why the party wants to relocate; if there is an objection from the other party, what the basis of the objection is; the relationship the parties have with the child, its history and quality; what the educational opportunities for the child are available after relocation; if there is extended family at the new location; if there are benefits of the child staying with the current primary caregiver; how the move will influence the child; if the court can craft a reasonable schedule for parenting time after the move; and any other factors that are considered relevant.
Issues regarding children are the foundation for contentious disagreements. This is exacerbated when a parent who has primary custody is seeking to relocate. Understanding the law is imperative whether the parents are on good terms and willing to be flexible or have staked out positions from which they are not ready to deviate. A law firm that is experienced in all matters of divorce can help with this or any other family law situation.